PGI Chandigarh: High Court rejects CAT order on seniority of doctors

"We are of the view that in the facts and circumstances of the case, the tribunal was unable to justify in entertaining the petition and the same was liable to be dismissed on the ground of limitation and delay and laches. Further, the respondent no 1 was estopped from challenging the grant of retrospective seniority to other respondents with effect from the date of their eligibility under the Assessment Promotion Scheme (APS) being himself a beneficiary of retrospective promotion under that scheme at an earlier stage in his service career. It is well settled that disputes relating to seniority cannot be permitted to be raised at a belated stage."

The court order also elaborated that it had come on record that the respondent no 1 was promoted under the APS scheme as associate professor on September 29, 2000, with retrospective effect from July 1, 1999, and then again on the post of additional professor (general surgery) with retrospective effect from July 1, 2003. Being a beneficiary of the retrospective promotion under the scheme, he is estopped from challenging the grant of similar benefit to others. Thus, we are of the view that the tribunal has wrongly entertained the OA, which was liable to have been dismissed on the grounds of limitation and delay. Consequently, there was no occasion for the tribunal to adjudicate on the case on merits. Accordingly, these writ petitions are allowed. The order of the tribunal is set aside."