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Judgment
Hon’ble Mr. Chhabilendra Roul, Member (J)
The present O.A. has been filed by the applicant seeking following reliefs:-
(i)Call the records of the case.
(ii)Direct the Respondents to implement the Gazette Notification dated 11 August 2018 and post the applicant on the advisory post of Joint Advisor/Advisor (Siddha), the applicant being senior most immediately.
(iii)Declare the impugned orders No. F.NO. D/14019/4/2016-E.1 (AYUSH) dated 24 November 2017 and F.No. A.19011/10/2020-E.1 dated 08.10.2020 issued by Respondents as invalid.
The brief facts of the case are that the applicant was initially appointed Medical Officer Incharge (Siddha) on 05.07.1993) at CGHS Ayurvedic Hospital, Lodhi Road, New Delhi. The applicant was transferred to Ministry of AYUSH and allocated the work of Joint Advisor in the year 2013. On 24.11.2017, the Ministry of AYUSH issued a circular stating that the doctors shall hold administrative posts only till the date of attaining the age of 62 years and thereafter their services shall be placed in non-administrative positions. Subsequently on 11.08.2018, the DoP&T issued notification dated 11.08.2018 wherein the age of superannuation of all doctors, including that of AYUSH or working under the Ministry of AYUSH shall be 62 years unless they exercise their option of posting to teaching, clinical, patient care, etc. On 16.03.2020, the respondents directed the applicant to exercise the option for posting in CGHS or to be super annuated at the age of 62 years. The applicant exercised the option to retain him in the technical post of Joint Advisor (Siddha) in the Department of AYUSH in the Ministry of Health and Family Welfare. The respondents have issued an order dated 08.10.2020 conveying the approval of the competent authority to place the services of the applicant at the disposal of Director, CGHS. The applicant submitted a representation dated 04.11.2022 to consider him in the technical post of Joint Advisor (Siddha). However, the applicant has not got any response from the respondents and being aggrieved by the same, he has filed the present O.A.
Learned counsel for the applicant stated that the applicant is attaining the age of 65 years on 30.04.2023 .Hence there is only one week left for his superannuation. It is in his interest that he should go back to his parent Ministry so that his retirement papers are made correctly and expeditiously. He requested that his representation dated 04.11.2022 should be decided within a day or so that appropriate justice can be given to the applicant. Learned counsel for the respondents has no objection if a direction is given to the respondents to consider the representation of the applicant dated 04.11.2022.
In view of the aforesaid, as a few working days are left the respondents are directed to consider the request of the applicant within three working days.
Dasti.