Chandigarh, Oct. 18 -- The Central Administrative Tribunal (CAT) has directed the UT administration to finalise and notify the UT Chandigarh Health Service Rules for the general duty medical officers (GDMO) sub-cadre and ensure a time-bound promotional structure from senior medical officer to chief or principal medical officer within 12 weeks for officers appointed through the UT cadre. The tribunal has also set aside the appointment of Dr Sushil Kumar Mahi as joint principal medical officer-cum-medical superintendent and asked the administration to fill the post afresh. If the post is filled by a deputationist, the UT must record detailed reasons for excluding eligible local officers, it said. The directions came on a plea filed by Dr Sadbhavna Pandit, 59, of Sector 33-C, who alleged that the UT had failed to implement a 2015 tribunal order recommending the creation of a promotion channel for doctors in the UT health department. Dr Pandit, appointed as senior medical officer through the Union Public Service Commission in 2002, is the only direct recruit SMO among the 28 sanctioned posts under the Chandigarh Administration Medical Posts Group A Recruitment Rules, 2001, and is now the senior most SMO in the UT. When her post was created, the health department had specifically recorded that no promotional avenue existed from the SMO position. Subsequently, a proposal was mooted on October 7, 2015, for the creation of a post of deputy director, which would have been filled by promotion for SMOs. However, no promotional avenue has been created till date. Despite the tribunal's 2015 directive to explore and create promotional avenues, no amendment has been made to the recruitment rules in nearly a decade. Dr Pandit submitted a fresh representation on January 25, 2024, highlighting the issue, but no action was taken. Meanwhile, Dr Varinder Nagpal, a deputationist from Haryana serving as medical superintendent-cum-joint principal medical officer, was repatriated on February 6, 2024. On his repatriation, the charge of his post was temporarily handed over to Dr Pandit on February 7 but was returned the next day. On February 12, the UT appointed Dr Mahi as joint principal medical officer-cum-medical superintendent on deputation, displacing her. Dr Pandit alleged that ever since the 2015 Tribunal judgment, senior posts-including medical superintendent-cum-joint principal medical officer and principal medical officer-cum-director health services-have consistently been filled by deputationists, with no UT cadre officer promoted. The UT, in its reply, denied all allegations and claimed the applicant had suppressed material facts. They alleged that there exists no cause of action or valid ground in favour of the applicant and against the respondents for filing the present application. The administration said a committee was formed on February 2, 2016, to examine amendments to the Chandigarh Administration Medical Posts (Group A) Recruitment Rules, 1983. This committee suggested either open selection for both posts of principal medical officer and joint principal medical officer/medical superintendent, or a composite method of selection. The administration also detailed meetings held with the central government and stated that Dr Pandit had not objected to the draft recruitment rules during the stipulated time. However, the tribunal observed that it was undisputed that in 2015 it had directed the UT to create promotional avenues for officers holding the post of senior medical officer. Despite repeated follow-ups through official meetings, communications, and committee deliberations, no concrete or effective steps were taken to amend the recruitment rules or operationalise a promotional channel. The tribunal noted that this long inaction constitutes non-compliance of its binding directions. Regarding Dr Mahi's appointment, the tribunal observed that displacing Dr Pandit without considering her claim "offends the principles of fairness and administrative propriety." The February 12, 2024, order appointing Dr Mahi has been set aside to the extent it displaced the applicant. The UT has been directed to reconsider filling the post strictly in accordance with the applicable recruitment rules and the tribunal's directions. The tribunal further directed that if the post is filled by deputation, the UT must record detailed reasons for doing so and explain why eligible UT cadre officers were excluded. The UT has been further directed to finalise and notify the UT Chandigarh Health Service Rules and to ensure that a time-bound promotional structure from senior medical officer to chief medical officer/principal medical officer is implemented within a period of twelve weeks....