Ms Punya Salila Srivastava, Secretary, HEALTH AND FAMILY WELFARE & others vs DR AK SINGH

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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

MA No. 3924/2026
CP No. 895/2025
OA No.1794 /2024

Reserved on: 12.08.2026
Pronounced on: 01.09.2026


Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon’ble Dr. Sumeet Jerath, Member (A)

Dr. A.K. Singh, S/o Late Sh. LP Singh,
R/o A-32/3, DDA(SFS) Flats,
Saket, New Delhi – 110017 -Petitioner/Applicant

(By Advocate: Mr. Rajender Khatter)

VERSUS
1. Ms. Punya Salila Srivastava,
Secretary, Ministry of Health & Family Welfare,
Nirman Bhawan, New Delhi – 110011

2. Sh. Atul Goel (Dr.)
The Director General,
Directorate of Health Services,
Nirman Bhawan, New Delhi-110011


3. Sh. Lt. Gen. Raj Shukla (Retd.)
Secretary, Union Public Services Commission,
Shahjahan Road, New Delhi-110003 - Respondents

(By Advocates: Ms. Ring Baliyan for Mr. Gyanendra Singh; Mr. Aroop
Sen Gupta (Retd.) currently, Medical Store, ORGN, DGHS)

2026.09.02
LALIT
12:54:17
GOSAIN
+05'30'
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

OA No.198/2017

Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
2. Ministry of Railways, Rail Bhawan, New Delhi General Manager (P),
3. Northern Railway, Baroda House, New Delhi Railway Recruitment Board (Allahabad)
Through its Chairman,
4. DRM Office Complex, Nawab Yusuf Road, Allahabad DRM (P)
5. Northern Railway, Lucknow, UP Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5

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ORDER
Ms. Harvinder Kaur Oberoi:
The present Contempt Petition has been filed by the petitioner
alleging wilful and deliberate non-compliance of the order dated
28.05.2025 passed by this Tribunal in OA No. 1794/2024.
2. Learned counsel for the petitioner submits that the petitioner
had joined the Medical Stores Organisation under DGHS in 1982
and, despite being eligible for in-situ promotions, was denied the
same on account of departmental and criminal proceedings initiated
against him. The petitioner was ultimately fully exonerated in all the
departmental proceedings, and the criminal proceedings were also
dropped. He retired from service on attaining the age of
superannuation on 31.07.2010.
3. It is submitted that, pursuant to the directions of this
Tribunal, the petitioner was subsequently granted retrospective in-
situ promotion to the post of Assistant Director General w.e.f.
01.10.2000. Thereafter, the petitioner filed OA No. 1794/2024
seeking, inter alia, in-situ promotion to the post of Deputy Director
General. The said OA was allowed vide order dated 28.05.2025,
whereby the respondents were specifically directed to send the
proposal for the petitioner’s promotion to DDG to the UPSC, based on
the previous readily available ACRs, within six weeks from the date of
receipt of the certified copy of the order. The UPSC was thereafter
directed to consider and grant the petitioner in-situ promotion to the
post of DDG as per rules and law.

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4. Learned counsel submits that the certified copy of the
aforesaid order was duly served upon the respondents on
12.06.2025, but despite expiry of the stipulated period of six weeks,
the respondents have failed to comply with the directions of this
Tribunal. Neither has the proposal been forwarded to the UPSC
within the prescribed period nor has the petitioner been informed of
any compliance. No extension of time was sought by the respondents,
and the order dated 28.05.2025 has neither been stayed nor set
aside by any superior court.
5. It is therefore submitted that the continued inaction on the
part of the respondents is wilful, deliberate and contumacious and
amounts to disobedience of the binding directions of this Tribunal.
Learned counsel further submits that the petitioner, being more than
75 years of age, ought not to be made to suffer any further on
account of such inaction. Accordingly, it is prayed that appropriate
proceedings be initiated against the respondents for non-compliance
of the order dated 28.05.2025 and necessary directions be issued to
ensure its immediate compliance.
6. Learned counsel for the respondents submits that the
respondents have the highest regard and respect for the orders
passed by this Tribunal and there has been no wilful or deliberate
disobedience of the directions contained in the aforesaid order.
7. Learned counsel further submits that, in compliance with the
order dated 28.05.2025, the respondents duly processed the case of
the petitioner for grant of in-situ promotion and forwarded the
requisite proposal to the UPSC for his in-situ promotion from S-III

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level (Rs. 12,000–16,500) to S-IV level (Rs. 14,300–18,300) under the
In-Situ Promotion Rules, 1990. The said proposal has already been
accepted by the UPSC vide its letter dated 02.07.2026, which has
been placed on record as Annexure CP/R-1.
8. It is therefore submitted that the respondents have already
taken the necessary steps in terms of the directions issued by this
Tribunal and have duly forwarded the petitioner’s proposal to the
UPSC, which has since accepted the same. The remaining
formalities, if any, are procedural in nature and are required to be
completed before the order can be given complete effect. Accordingly,
there is no wilful, intentional or deliberate disobedience of the order
dated 28.05.2025 on the part of the respondents. Learned counsel
therefore submits that the respondents have substantially complied
with the directions of this Tribunal and the contempt proceedings, in
the circumstances, deserve to be closed.
9. We have heard the learned counsel for the parties and perused
the pleadings available on record.
10. Learned counsel for Respondent No. 3 has also drawn our
attention to the notice stated to have been received from the CAT,
Principal Bench, New Delhi, wherein Lt. Gen. Raj Shukla (Retd.),
Hon’ble Member, has been impleaded and shown as the Secretary,
UPSC. It is submitted that the said description is not correct and
does not reflect the present incumbent holding the office of Secretary,
UPSC.

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11. It is noticed that, vide order dated 17.07.2026, this Tribunal
had directed Respondent No. 2, namely Dr. Atul Goel, Director
General, Directorate of Health Services, to remain personally present
before the Tribunal on the next date of hearing in view of the delay in
filing the status/compliance affidavit.
12. Learned counsel for the respondents submits that the
respondents have since filed the status/compliance affidavit and that
the proposal concerning the petitioner’s in-situ promotion has also
been forwarded to the UPSC, which has accepted the same vide its
letter dated 02.07.2026. It is, therefore, submitted that the
respondents have substantially complied with the directions
contained in the order dated 28.05.2025.
13. However, having regard to the fact that the matter concerns
further compliance of the directions issued by this Tribunal and the
present incumbent of the office of Director General, Directorate of
Health Services, is now required to report compliance, we deem it
appropriate to direct the petitioner to take necessary steps for
impleading the current incumbent holding the said office as a party
respondent.
14. In view of the aforesaid submission made on behalf of
Respondent No. 3 and in order to ensure effective and complete
compliance of the directions contained in the order dated
28.05.2025, the applicant/petitioner is also directed to take
necessary steps for impleading the current incumbent of the office of
Secretary, UPSC, as a party respondent, in addition to the current

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incumbent of the office of Director General, Directorate of Health
Services.
15. Accordingly, the applicant/petitioner shall file appropriate
applications for impleadment of (i) the current incumbent holding the
post of Director General, Directorate of Health Services, and (ii) the
current incumbent of the office of Secretary, UPSC, within one week.
16. Upon such impleadment, the Registry shall issue notices to the
newly impleaded respondents, namely, the current incumbent of the
office of Director General, Directorate of Health Services, and the
current incumbent of the office of Secretary, UPSC, requiring them to
file status/compliance reports indicating the steps taken pursuant to
the order dated 28.05.2025 and the present status of compliance,
before the next date of hearing.
17. In view of the aforesaid directions, the personal appearance of
Respondent No. 2, Dr. Atul Goel, is dispensed with for the present.
MA No. 3924/2026 shall also stand disposed of.
18. List the CP for further compliance on 12.10.2026.


(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)

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