22 May : Harassment of 40 Professors of PGIMER Chandigarh continues as Ministry of Health and PGI Administration turned deaf ear to High Court Advice.
CWP 6103 of 2010 came for hearing on May 12, 2010 in the High Court of Punjab and Haryana at Chandigarh issued 1. Notice of motion to PGI administration and Ministry of Health and Family Welfare and 2. Notice re; Stay as well in the Court of Justice Ashutosh Mohunta and Justice M.S Sullar. But ministry of Health Approved candidature of ineligible Dr A.K Gupta, Medical Superintendent, Dept of Hospital Administration PGI , Chandigarh for retrospective promotion as Professor since 9.1.1996 when his experience was only 7 year bypassing 40 Professors who were senior to him and all had 14 to 25years experience at the time of appointment of Professor. It had adversely affected the moral of these helpless senior Professors despite positive direction by High Court of Punjab and Haryana for notice of motion and stay as well. No opportunity was given to hear these faculty members by Ministry of Health and PGI administration.
This is subsequent to Central Administrative Tribunal (CAT) Judgment -an order No T.A. No 43-CH of 2009 (transferred CWP No 1188 of 2008) dated 24.2.2010 in favour of Dr. A.K. Gupta, Medical Superintendent, department of Hospital administration, affected faculty members over 40 Professors of PGIMER, Chandigarh who were senior to Dr A.K Gupta and have challenged the judgment in the Hon’ble Punjab and Haryana High Court.
If Dr A.K Gupta is retrospectively made Professor w.e.f 9.1.1996 when his experience was only seven years (where as required experience is 14year for the post of professor) as per judgment of the Hon’ble Central Administrative Tribunal (CAT), it will affect over 40 Professors who were senior to him at all steps of appointment .It has adversely affected on their seniority affecting their morale and performance. All these faculty members have been working at the institute for a longer duration than him. It is totally unjustified on the following grounds:
1.The post of MS Cum Professor of hospital administration was advertised vide Advt No 1/95 (estt II) in the pay scale of 5900-200-7300.The last date for application was 18.5.1995 Dr. Gupta was having post MHA experience of only six years 11 month and 11 days. The experience as Medical Officer from 25.1.87 to 20.5.1988 cannot be counted as teaching/research experience. In this account Dr. Gupta could have been best considered as Associate professor even he did not fulfill the required experience of 7 years for associate Professor. However he was favoured to be appointed as additional Professor for which the experience required after Post graduation is 12 years. Further he was allowed the pay scale of 5900-200-7300.On both these counts his selection even as additional professor were violative of all norms of the institute. By this current CAT order he will be professor with post graduate experience of only six years 11 month and 11 days against the prescribed experience of 14 years. All other faculty members in the rank of Professors have to fulfill the required criteria, Educational qualifications and experience. His plea that he applied for the post on persuasion of the then Director and went through the selection process is itself illegal and cannot be legalized. Since the post was advertised as professor and he did not have the required experience, his candidature should have been cancelled at the screening committee level.
2. His promotion with effect from 8.1.2003 to the post of Professor was arbitrary and illegal as he did not appear before the selection committee neither he fulfills the 50% limit of additional professors under the Assessment Promotion scheme .Even on this date he is not eligible to be considered for the post of professor as the experience required is fourteen years.
3. Further Dr. A.K. Gupta has accepted all the terms and conditions as laid down in his appointment letter as additional professor even if the selection to that post is irregular and illegal. He deserves no further claim if any to the prescribed procedure.
4. The Audit party in their audit report from 1.4.1997 to 31.3.98 has raised the issue vide Para No 64 regarding the Irregular appointment and grant of Pay scale to Dr. A.K. Gupta. To the best of our knowledge the same has not yet been dropped.
5. All the benefits which have been given to Dr. Gupta may please be extended to all other faculty members so that the inter alia seniority may not get disturbed and shall become norms for all faculty members in future. This shall include the experience as well as the financial benefits.
6. The Central Administrative Tribunal (CAT) has ruled that he be given all the benefits of status and seniority etc as per Law and rules and his eligibility. Since his appointment was illegal and arbitrary and as per law, therefore the same cannot be granted to him.
7. The contention of Dr. A.K. Gupta that no post of additional Professor existed at the institute is not correct .There can be lateral entry to such post under the special circumstances or whenever there is need for the same. Even the recent advertisement for faculty position at the institute such posts have been advertised.
We, therefore request you to kindly not to implement the CAT judgment until the final decision of the Hon’ble Punjab and Haryana High court which will comes up for hearing on 14.7.2010. We request that please honour the direction of Hon’ ble Punjab and Haryana High court, which has issued notice of motion as well as stay. There is a great resentment which prevails amongst the senior people which is demoralizing and may result into mass exodus at some stage or the other.
Dr.A.Rajwanshi
President
