Legal Question in Civil Litigation in India

SUMMARY OF THE CASE---------

Selected by Public Service Commission UP 1996 for the post of allopathic medical officer asked to join before 31/1/1997.Later date of joining extended till 30.6.1997.

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Reported to CMO Nainital on 24.6.1997 to join at post of Medical officer.

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CMO asked me to for medical examination by Divisional Medical Board Nainital

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Divisional Board examined me on 24.6.1997and declared me unfit on the ground of HIGH MYOPIA. ie glass(spectacle) no is more than -6.

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Medical examination rule say if a candidate is declared unfit on the ground of High Myopia his case should be referred to panel of the three eye specialist for Fundus examination ie (aankh ke parde ka examination) on the same day or on the next day and if his eyes fundus(aank ka parda) is normal and vision is good he should be declared fit on same day.

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CMO Nainital was unaware of that rule .I appealed to Secretary medical health for my remedical examination by State Medical Board lucknow.

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On my appeal I was reexamined by state medical board which consist of three eyes surgeons they examined my fundus (aank ka parda) and declared me fit and I joined my service on 17.6.1998 around one YEAR after my first reporting for joining.

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It took one long year to complete this formality as per rule it (fundus examination by three eyes surgeons) should have been done on first day itself ie 24.6.1997

I lost one year of service just because CMO Nainital was unaware of rules.

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As per our service rules 2009 modified in 2011 after 5 year of service we eligible for the post of medical officer grade one after five years of service.

Senior Medical officer after 10 years of service which I got in feb 2012after 13&1/2 years of service. Post of Joint Director after 15 years of service which is the most important promotion in our service our pay scale change at this promotion and big salary change.after Feb 2013 our batch will be eligible for this promotion as they have completed 15 years of service and one year of probation at SMO POST .

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Can I REQUEST TO CONSIDER THIS ONE YEAR TO BE PART OF MY SERVICE MY NAME IS AT SNO-15 IN SMO PROMOTION LIST.SO THAT IN NEXT DPC FOR PROMOTION OF JD WHERE SEATS ARE LIMITED ,DOCTORS WHO ARE JUNIOR TO ME IN SENIORITY LIST ARE NOT PROMOTED BEFORE ME AS THEY HAVE COMPLETED 15 YEARS OF SERVICE BEFORE ME..Central Administrative Tribunal - Allahabad

U.P. Bhakta Aged About 38 Years, ... vs Union Of India Through Defence ... on 19 January, 2011,By Hon ble Mr. Justice S.C. Sharma, Member-J,---second judgement in case of Naveen Kumar Jha vs Union Of India And Ors on 2 Delhi High Court

November, 2012 by HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE MANMOHAN SINGH

and Another judgement IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: November 02, 2012

+ W.P.(C) 3827/2012

NAVEEN KUMAR JHA ..... Petitioner Represented by: Mr.Ankur Chhibber, Advocate.

versus

UNION OF INDIA AND ORS ..... Respondent Represented by: Mr.Himanshu

Bajaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE MANMOHAN SINGH

Will all these judgemnt are helpful in my case ,what benefit can I claim from hon'ble court

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