An officer completing 20 years’ service and regularly promoted as PMO (NFSG) must be considered for CMO promotion.

The applicant, Dr. Satish Kumar Ratnakar, joined the Indian Ordnance Factory Health Service as an Assistant Medical Officer on 13 July 1998. Dr. S. Sengupta joined the same service on 14 October 1998, but was placed senior to the applicant after being found fit for promotion to Principal Medical Officer/Junior Administrative Grade in 2007, while the applicant was superseded due to adverse ACR entries.

The applicant was subsequently promoted as Principal Medical Officer (NFSG) in 2015. The adverse ACR entries were later expunged by order dated 26 March 2013, but his promotion was not antedated.

The Indian Ordnance Factory Health Services (Group ‘A’ Posts) Recruitment Rules, 2015, contained in SRO-44, prescribed promotion to the post of Chief Medical Officer either after seven years of regular service as Principal Medical Officer (NFSG), or, alternatively, upon completion of 20 years of regular service by an officer already regularly promoted as Principal Medical Officer (NFSG).

The applicant completed 20 years of regular service on 13 July 2018. Dr. Sengupta was promoted as Chief Medical Officer with effect from 14 October 2018, after completing 20 years of service. The applicant therefore sought consideration for promotion as Chief Medical Officer with effect from 13 July 2018 and consequential benefits.

Whether the applicant, having completed 20 years of regular service and having been regularly promoted as Principal Medical Officer (NFSG), satisfied the alternative eligibility condition under SRO-44 for consideration for promotion as Chief Medical Officer

Whether the respondents could deny or defer consideration of the applicant’s promotion claim on the basis of his subsequent seniority position resulting from his earlier supersession

The Tribunal applied the Indian Ordnance Factory Health Services (Group ‘A’ Posts) Recruitment Rules, 2015, notified through SRO-44. Under the applicable provision, an officer could be considered for promotion as Chief Medical Officer after seven years of regular service as Principal Medical Officer (NFSG); alternatively, an officer who had completed 20 years of regular service and had already been regularly promoted as Principal Medical Officer (NFSG) was also eligible for consideration.

The Tribunal further applied the principle that eligibility conditions prescribed by statutory Recruitment Rules cannot be enlarged or restricted by administrative interpretation contrary to the plain language of the Rules.

The Tribunal found that the applicant had completed 20 years of regular service on 13 July 2018 and had already been regularly promoted as Principal Medical Officer (NFSG) in 2015. He therefore satisfied both requirements of the alternative eligibility category under SRO-44.

The respondents’ reliance on his lower seniority, arising from his earlier supersession and subsequent placement in a later promotion batch, could not defeat the statutory eligibility expressly conferred by the Recruitment Rules.

The Tribunal also noted that the applicant’s earlier non-promotion was attributable to adverse ACR entries which were later expunged, although the respondents had not antedated his promotion.

Since the applicant met the prescribed conditions, the respondents were required to consider his case under SRO-44 from the date on which he became eligible, namely 13 July 2018.

The respondents were directed to consider his case for promotion to the post/grade of Chief Medical Officer in accordance with SRO-44 from the due date and to complete the exercise within three months from receipt of the order. No order was made as to costs.