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Judgment
PER: Hon’ble Dr. A. K. Dubey Member (A)
The Review Applicant (the applicant in OA No.230/2015) has preferred this Review Application No.03/2022 for modification in the order pronounced on 04.01.2022 in the OA No.230/2015 on the following grounds:-
It is contended that the particular sentence in para 6 of the order reads: “the applicant herein has since retired”. The Review Applicant (Applicant in OA No.230/2015) clarifies that he is still serving in the respondent department as CMO (NFSG) in CGHS Ahmedabad and is due to retire from the service of the Central Government only on 31.12.2023 upon his attaining the extended age of superannuation of 65 years. The basis of this contention is the Government of India’s decision on 2016 wherein the age of doctors was extended with a rider with doctors holding administrative posts such as head of department in CGHS have to step down at the age of 62 from such administrative posts and thereafter, they could continue serving in clinical or professional capacity. In this regard, Office Memorandum No.A-12034/1/2014-CHSV dated 19.07.2016 (Annexure-RA/2) issued by the Ministry of Health and Family Welfare, Government of India refers. Accordingly, the Review Applicant (Applicant in the OA No.230/2015) has since given up the administration post but continues in service and shall be retiring only on 31.12.2023.
The Review Applicant also seeks direction on the relief A-2 on para 8 of the OA No.230/2015 the relief reads as under:
“A-2 issue appropriate directions commanding the respondents herein to (i) forthwith grant to the applicant herein the promotion to the post of Super time Administrative Grade (SAG) of the General Duty Medical Officer Sub cadre of Central Health Service under the Dynamic Assured Career Progression Scheme (DACP) in the scale of Pay Band-4 (Rs.37400-67000/-) with Grade Pay of Rs.10,000/-- plus NPA, w.e.f 29.10.2008 at par with all those 298 Chief Medical Officers (NFSG) (for the Panel Year 2008-09) who were granted similar promotion by an order No.A.32012/06/10-CHS.II (Vol.III) dated 09.08.2012, alongwith all consequential benefits including the arrears of pay, etc., interest on arrears @ 18% thereon.”
The Review Applicant says that treating him as retired Doctor in CGHS would go against his interest and may cause injustice to him. Similarly, without specific direction to the relief mentioned above, justice may not be fully done as in the absence of specific direction to the relief, the respondents (Respondents in OA No.230/2015) may not extend consequential benefits to the applicant.
We have carefully gone through our order dated 01.04.2022. We wish that the distinction between giving up the administrative post and to continue in the professional capacity was made clear in course of final hearing in OA No.230/2015. However, taking note of the Government of India Notification dated 19.07.2016 (Annexure RA/2) and also to clarify the matter after quashing the impugned orders in OA No.230/2015, we find these inadvertent omissions apparent on the face of the order itself. Accordingly we order as under:-
The line regarding: “the applicant herein has since retired” in para 6 of our order dated 04.01.2022 in OA No.230/2015 stands expunged. The para 6 should be read accordingly.
The following lines may be added at the end of para 9 of the order dated 04.01.2022, before the last two words reading No Cost:
Consequent upon quashing of the Memorandum/Orders impugned in OA No.230/2015, that are Annexure-A/1, Annexure-A/2, Annexure-A/3, Annexure-A/5 and Annexure-A/6, the applicant shall be entitled to the consequential benefits in accordance with the Service Rules for which the review applicant may make a representation which shall be considered by the respondents within 2 months from the date of receipt of this order.
The Review Application is disposed of accordingly.