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2013 DIGILAW 688 (PNJ)

Bhupinder Pal Singh Gill v. State of Punjab

2013-05-22

Augustine George Masih

body2013
JUDGMENT Mr. Augustine George Masih, J.:- The petitioner has approached this Court praying for quashing the minutes of meeting of Departmental Promotion Committee dated 07.05.2010 (Annexure P-5), to the extent that the candidature of the petitioner for further substantive promotion from the post of Medical Officer to the post of Senior Medical Officer is illegal and arbitrary with prayer for directing the respondents to consider the claim of the petitioner for promotion to the post of Senior Medical Officer w.e.f. 24.09.2008 (Annexure P-2) i.e. the date on which the petitioner was re-designated as such and was given officiating charge or atleast from the date when candidates, who were recommended for promotion to the post of Senior Medical Officer vide Departmental Promotion Committee meeting held on 07.05.2010, stand promoted as Senior Medical Officers. 2. Learned counsel for the petitioner contends that initially when the Departmental Promotion Committee meeting was held on 07.05.2010, claim of the petitioner for promotion to the post of Senior Medical officer was not considered on the ground that his Annual Confidential Report for the year 2008-09 was adverse. The petitioner preferred the statutory appeal against the said recording of the adverse remark. During the pendency of the present writ petition, direction was issued by this Court on 18.05.2012 to the respondents to decide the appeal preferred by the petitioner against the adverse Annual Confidential report for the year 2008-09. In compliance thereto, order dated 11.05.2012 (Annexure A-1) was passed by the Principal Secretary, Department of Health and Family Welfare, according to which, Annual Confidential Report for the year 2008-09 has been treated as cancelled and this period is ordered to be treated as no report period. Counsel, on this basis, contends that claim of the petitioner for promotion to the post of Senior Medical Officer, therefore, should have been considered by treating his ACR for earlier year i.e. 2007-08 for promotion to the post of Senior Medical Officer by holding review Departmental Promotion Committee meeting. 3. In light of all these submissions, which have been made by learned counsel for the petitioner today, the following order was passed on 17.01.2013:- “Petitioner has approached this Court impugning the minutes of the meeting of the Departmental Promotion Committee dated 07.05.2010 (Annexure P-5) vide which the candidature of the petitioner was rejected on the ground that he had an adverse Annual Confidential Report for the year 2008-09. Counsel for the petitioner states that the petitioner had preferred an appeal against the recorded Annual Confidential Report for the year 2008-09 for expunging the adverse remarks. The said appeal of the petitioner has been accepted by the Principal Secretary, Punjab Govt. Health and Family Welfare Department vide order dated 11.05.2012 (Annexure A-1) and vide this order Annual Confidential Report for the year 2008-09 has been treated as cancelled and this period is to be treated as no report period. On this basis, counsel for the petitioner contends that there is no impediment so far as promotion of the petitioner to the post of Sr. Medical Officer in the year persons along with the petitioner were considered by the Departmental Promotion Committee on 07.05.2010. Petitioner is, thus, entitled to be promoted from the date persons along with whom the name of the petitioner was considered in the Departmental Promotion Committee dated 07.05.2010. He states that the petitioner, although, has been promoted as Sr. Medical Officer on 02.08.2012 but because of his claim being now ripe for consideration from the year 2010, his case requires consideration for promotion from the said date. Counsel for the respondents prays for an adjournment to seek instructions in this case and file a specific affidavit in response to the assertions made by the counsel for the petitioner. Needful be done within a period of four weeks. List for further consideration on 22.05.2013. Copy of the order be given dasti to the State counsel under the signatures of the Bench Secretary.” 4. In compliance with said order, affidavit of Dr. Ashok Nayyar, Director, Health and Family Welfare, Punjab dated 22.05.2013 has been filed in the Court and order, dated 10.05.2013, passed by the Principal Secretary to Government of Punjab Department of Health and Family Welfare stands attached. In the said order, it has been stated that on the date, when the earlier Departmental Promotion Committee meeting was held on 07.05.2010, there being adverse remarks in the Annual Confidential Report of the petitioner for the year 2008-2009, he was not promoted. Although the said Annual Confidential Report for the year 2008-09 was treated as no report and he was recommended for promotion to the post of Senior Medical Officer in the Departmental Promotion Committee meeting held on 02.08.2012. He has been granted the said benefit w.e.f. 21.08.2012 and, therefore, is not entitled to any further benefit. 5. Although the said Annual Confidential Report for the year 2008-09 was treated as no report and he was recommended for promotion to the post of Senior Medical Officer in the Departmental Promotion Committee meeting held on 02.08.2012. He has been granted the said benefit w.e.f. 21.08.2012 and, therefore, is not entitled to any further benefit. 5. This stand of the respondents cannot sustain in the light of the fact that only ground for rejecting the claim of the petitioner for promotion to the post of Senior Medical Officer was adverse Annual Confidential Report for the year 2008-09, which in the light of the statutory appeal preferred by him has been ordered to be treated as no report period. If that be so, the petitioner is entitled to be considered for promotion by holding review Departmental Promotion Committee meeting for promotion to the post of Senior Medical Officer as the basis for rejecting his candidature ceased to exist in the light of the order dated 11.05.2012 passed by respondent No. 1. 6. The direction is, thus, issued to respondent No. 1 to hold review Departmental Promotion Committee meeting within a period of four weeks from today and consider the case of the petitioner for promotion to the post of Senior Medical Officer ignoring the Annual Confidential Report for the year 2008-09, which has already been ordered to be treated as no report period by respondent No. 1 itself. In case, the petitioner is found to be suitable for promotion, he be granted consequential benefits with effect from the date when persons, who are duly recommended, as per the Departmental Promotion Committee held on 07.05.2010 and granted promotion to the post of Senior Medical Officer. In pursuance thereto, the consequential benefits be granted/released to the petitioner within further period of two months. 7. The writ petition stands disposed of, accordingly. ---------0.B.S.0------------