IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19723-CAT of 2010 Date of Decision: November 9, 2010 Union Territory, Chandigarh and another …Petitioners Versus Dr. Rajinder Sharma and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Sanjay Kaushal, Senior Standing Counsel, U.T. Chandigarh, and Mr. Sanjiv Ghai, Advocate, for the petitioners. Mr. Rohit Seth, Advocate, for respondent No. 1. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition preferred by the Union Territory, Chandigarh under Article 226 of the Constitution is directed against interim order dated 29.10.2010 (P-3), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, ‘the Tribunal’). According to the interim order, Dr. Chander Mohan-respondent No. 4, who has been brought on deputation from the State of Punjab, has been given appointment as Principal Medical Officer-cum-Director Health and Family C.W.P. No. 19723-CAT of 2010 Welfare, U.T., Chandigarh. The Tribunal has also observed in para 2 that in accordance with the existing rules, which are known as ‘the Chandigarh Administration Medical Posts (Group ‘A’) Recruitment Rules, 1983 (for brevity, ‘the 1983 Rules’), the applicant-respondent No. 1 may not be able to resist appointment of Principal Medical Officer-cum-Director Health and Family Welfare, U.T., Chandigarh, from outside U.T. cadre. While granting time to file written statement the Tribunal has passed an interim order restraining the petitioners not to act upon appointment letter dated 26.10.2010 (P-1). On the request made by the learned counsel for the petitioners, the Tribunal has allowed stop gap arrangement to enable efficient running of the office of the Director, Health and Family Welfare, U.T. Chandigarh. 2. When the matter came up before us on 2.11.2010, Mr. Sanjay Kaushal, learned standing counsel for the Union Territory has apprised the Court that the earlier incumbent has retired on 31.10.2010. He has further pointed out that the post of Principal Medical Officer-cum-Director, Health Department, Chandigarh Administration, is a strategic post and in the absence of its incumbent it would be difficult to carry on various operations aimed at ensuring purity of food, sweets and milk etc. in the festival season. He has also asserted that existing Rules specifically provide for bringing an officer on deputation. Accordingly, we had stayed operation of the interim order dated 29.10.2010 (P-3) passed by the Tribunal and permitted the petitioners to post respondent No. 4 as Principal Medical Officer-cum- Director Health and Family Welfare, U.T., Chandigarh. 3. In response to notice of motion, Mr. Rohit Seth, has put in appearance on behalf of the applicant-respondent No. 1. He has made 2 C.W.P. No. 19723-CAT of 2010 numerous submissions on merit, which has also been rebutted by Mr. Kaushal, learned counsel for the Union Territory. However, we are not inclined to notice all the submissions and decide the issue on merit. The matter is alive before the Tribunal and we have intervened in order to ensure that the working of the department does not suffer. Accordingly, the appointment of respondent No. 4 on the post of Principal Medical Officer- cum-Director Health and Family Welfare, U.T., Chandigarh, shall continue as an interim measure but the same shall be subject to the final outcome of the Original Application pending before the Tribunal. We make it clear that we are not opining whether the 1983 Rules or any other Rules would govern the controversy raised before the Tribunal. On the basis of balance of convenience, respondent No. 4 has been permitted to continue on the post of Principal Medical Officer-cum-Director Health and Family Welfare, U.T., Chandigarh. Therefore, we modify the interim order dated 29.10.2010 (P-3) passed by the Tribunal and allow respondent No. 4 to continue as an interim measure. However, if the Original Application is dismissed by the Tribunal then he would be deemed to have been appointed on regular basis as per the terms and conditions incorporated in his appointment letter dated 26.10.2010 (P-1) from the date of his joining. 4. The writ petition stands disposed of in the above terms. 5. A copy of the order be given dasti on payment of usual charges. (M.M. KUMAR) JUDGE 3 C.W.P. No. 19723-CAT of 2010 (RITU BAHRI) November 9, 2010 JUDGE Pkapoor 4