LexN.C. SHINGHAL versus UNION OF INDIA
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B c D E F G H 44 N. C. SHINGHAL v. UNION OF INDIA March 19, 1980 LD. A. DESAI AND E. S. VENKATARAMIA!I, JJ.] Central Health Services Rules, 1963 as amended by Central Health Service (Amendment) Rules, 19.66,-Rule 8(3), Scope of-Promotions to Supertime Grade 11 posts, whether made in accoriance with Rule 8 (3 )-Whether transfers in posts which are in the same grade or cne considered equivalent can be effected on administrative exigencie3--Ref,usg[ tu accept the promotion by an employee. lVhether the employer can offer to next junior to the offeree-Adverse inference agairut partles remaining ex-parte and tkrefore not served, whether can be drawn. The Union of India ha1 enacted Ceutral Government Health Scheme and ID implementation thereof has set up various institutions for medical relief and medical education. A Central Health Service became a necessity for effectively impleme11ting the scheme. With a view to constituting the service, Central Health Service Rules, 1963 were framed aDd brought into operation on May 15, 1963, The Rules envisaged categorisation of ~rsonnel manning the service into five different categories, to wit, category 'A' supertime scale Rs. 1600-2000; C~tegory 'B' supertime scale Rs. 1300-1600; Category 'C' Senior scale Rs. 675-1300, Category 'D' Junior scale Rs. 425-950; and Category 'E' class II s"'1e Rs. 325-800. On account of various imponderables the service could not be constituted and 1963 Rules were amended by Central Health Service (Amend- ment) Rules, 1966. Initial constitution of service was to be on and from September 9, 1966. 1966 Ruleo contemplated again the division of service into four cafegories, namely, Category I comprising supertime scale Grade I Rs. 1800- 22:'0; supertimc scale grade II Rs. 1300-1800, Category II consists of Specialists' grade Rs. 600-1300; Category ill include• General Duty Officers Grade I Rs. 450-1250; and Category f.V comprises General Duty Officers Grade JI Rs. 350-900. 1966 Rules provided the method for initial constitution of the service. Rules 7A(l) and 7A(2) provided for absorbing departmental candi- dates holding posts in categories 'A' and 'B' under 1963 Rules in supertime Grade I and supertime Grade II respectively of reorganized serviee under the 1966 Rules. Those in service on September 9, 1966 and holding posts in Cate- gories 'C', 'D' a.nd 'E' were either absorbed in specialists' grade or General Duty Officers Grade as the case may be. For the purposes of selection and absorp· t'ion of departmental candidates on the date of initial constitution of reorganised servic'e, a Selection Committee was set up and absorption was made in accord- ance with the recommendation of the Committee. This process of absorption was over in March 1967, but the constitution of the service was deemed to be effective from September 9. 1966. Rule. 2 ( c) defines category to mean a group of posts specified in column 2 of the table under Rule 4. Rule 4 provides for classification categories and scales of pay. Rule 5 of, Rules 1966 provides for authorised strength of the service. Rule 8 prescribes the manner in which future vaca.nc\e.ci,, after appoint- ments have been made to ilie Service under Rule 7 and 7 A shall be filled in Supertime Grade Il. i ' ' ' y \ ~. N. C. SHINGHAL V. UNION 45 The authorised strength of the various categories of the service on the date A ' of commentement of 1966 Rules shall be as specified in the First Sch"edule. The ve1tical promotional channel is from Specialists' grade and General Duty ofli· cers Grade I to supertime Grade II and from thereon to Supertirne Grade I. On the date of initial constitution of seivice there were 27 S permanent and 102 temporary, in all 377 posts in Specialists' grade. Out of this strength of posts in specialists' grade 28 posts were upgraded to supertime Grade II, 19 being classi- fied as unspecified specialists' posts and 9 unspecified posts. B The Central Government converted one post from amongst the 19 unspecified specialists' grade posts in Supertirne Grade II in Opthalmology speciality in Willingdon Hospital and transferred one Dr. B. S, Jain, respondent 3, who was then working as Chief opthalmoJogist-cum-Associate Professor of Opthalmology, Himachal Pradesh Medical College, Simla, end offered the vacancy to in Super· time Grade II caused by the transfer of respondent 3 to appellant who was next in seniority by way of prom
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