Chandigarh : The Division Bench of Central Administrative Tribunal, Chandigarh has summoned Dr. Yogesh Chawla, Director, PGI and Union Health Secretary to appear in person on the next date of hearing of Execution / Contempt petitions filed by general category employees for implementing CAT judgment dated 15.11.2012 against the illegal and unconstitutional action of PGI management in granting reservations in promotions in violation of law laid down by the Hon’ble Supreme Court in M Nagraj’s case and ignoring catch up rule.
The PGI Administration has even allowed accelerated promotions to reserved category employees on the basis of consequential seniority ignoring ‘catch up principle, decided by the Hon’ble Supreme Court in Union of India vs Virpal Singh Chauhan 1995 (4) SCT 695 (decided on 10.10.1995) wherein it was reiterated that reservations in promotions is not warranted by Article 16(4) (A) of the Constitution of India.
On 19.7.2013, the applicant filed Execution Application for implementation of judgment dated 15.11.2012. In September, 2013, the Director, PGI filed writ petition against the CAT judgment dated 15.11.2012. In November, 2013, the operation of CAT judgment dated 15.11.2012 was stayed.
On 13.1.2016, the Hon’ble High Court upheld the judgment of Hon’ble CAT and dismissed the wrtit petitions of Director, PGI. On 18.2.2016, the Execution Application was revived and following order was passed;
“M.A. No. 934/2013
1. Counsel for the respondents prays for and is granted six months time to comply with the order, and to file compliance affidavit within one week thereafter.
2. List on 30.08.2016. No further extension of time shall be granted for this purpose.”
The PGI Administration filed an affidavit giving details of steps taken for compliance of Orders dated 18.2.2016. The applicant pointed out the mischief’s on the part of Director, PGI and how they have circumvented Court orders dated 18.2.2016 with impunity.
The Division Bench has accepted the plea of applicant and ordered Dr. Yogesh Chawla, Director and Union Health Secretary to be present in Court on 15.9.2016 to explain their position on violation of Hon’ble CAT orders dated 18.2.2016.
The undersigned filed an OA No. 361 of 2012 titled Ramesh Kumar Arora vs UOI and other, and pleaded in person on behalf of 13 medical technologists and defended writ petition before Hon’ble High Court in person.
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