Dr Arun K Jain vs Pg Institute Of Medical Education
Often it has been seen that due to the failure of the administrative machinery often it is the employees which suffer both financial and reputational damage. Recently before Central Administrative Tribunal,Chandigarh Bench an interesting case came up where the defendant allegedly was placed ahead in the seniority list for over two decades without any action being taken by the competent authorities. The Central Administrative Tribunal (CAT) today quashed the order of the PGIMER whereby the seniority of Dr Arun K Jain, Professor in the Eye Department, and Head of Unit-III in Advanced Eye Centre, PGI, was rejected over and above Dr Surinder Singh Pandav, Professor, PGI. The Double Bench of the Central Administrative Tribunal headed by Sanjeev Kaushik, Member (Judicial), and AK Bishnoi, Member (Administrative), also directed the PGI to restore the seniority of Dr Jain in the seniority list of September 25, 2018. At the moment, Dr. Jagat Ram, the senior-most Ophthalmologist holds the position of head of the Ophthalmology department.
“The impugned order dated April 12, 2019, is quashed and set aside. Simultaneously, official respondents are directed to restore the seniority of Dr Jain over Dr Pandav in the seniority list dated September 25, 2018,” read the order. The court also asked that Dr. Jain should be given all consequential benefits, if any. The applicant has filed Application under section 19 of the Administrative Tribunals Act, 1985, seeking quashing of impugned order dated 12.4.2019 (Annexure A-15), vide which his seniority, over and above Dr. Surinder Singh Pandav, Professor, Post Graduate Institute of Medical Education & Research (“PGIMER” for short), has been rejected. In a petition, Dr Jain had sought quashing of order dated April 12, 2019, whereby his seniority was rejected over and above Dr Pandav. It was also prayed to issue direction to the Director, PGI, to correct the error made in the seniority list dated September 25, 2018, and that the official respondents be further restrained from giving any benefit, arising out of the seniority list dated September 25, 2018, to Dr Pandav. Dr Jain was appointed as Assistant Professor (Ophthalmology) in the PGI, along with Dr Pandav, on February 11, 1995.
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