Harpal Singh Negi & Ors. v. Union of India & Ors.

1. This writ petition has been filed seeking following reliefs:- “(i) Issue a writ mandamus directing the respondents to conduct cadre review of Medic Cadre of Indo-Tibetan Border Police Force in a time bound manner and consequently provide adequate promotional avenues for the personnel working in the rank of Assistant Sub-Inspector (Medic)/Head-Constable (Medic)/ Constable (Medic) in Indo-Tibetan Border Police Force including the petitioners at par with similarly qualified personnel working in other technical cadres of Indo Tibetan Police Force.

(ii) Pass any such other orders as it may deem fit to this Hon'ble

2. Learned counsel for the respondents has filed a counter affidavit. For ready reference paras 10 to 13 of the same are reproduced hereunder: 2022:DHC:997-DB “10-13 In reply to para 10-13 of the petition, it is submitted that the Cadre review exercise was initiated in 2017 with overall restructuring exercise of ITBP. Due to complexity in Medical Cadre and Paramedical Cadre having different sub-cadre with various isolated posts in composite hospital and Referral hospital, ITBP Healthcare restructuring and cadre review was separated from Main restructuring/cadre review of ITBP during 2018 cadre review meetings of ITBP and was decided to process separately. Accordingly the restructuring proposal of ITBP Hospitals upgradation and medical and paramedical cadre was submitted to ADG(Med) CAPFs, NSG & AR in2018. ADG(Med) on 31/01/19 returned the proposal with remarks that the cadre review should club the cadre review of 200 bed eferral hospital. Accordingly Referral hospital submitted their proposal on 27 /03/19. MHA through ADG (Med) CAPFs, NSG & ARs has developed 50 & 100 Bedded Composite Hospitals in CAPFs and 200 bed Referral hospital in ITBP with unique staffing structure not affiliated with ITBP staff pattern. The proposal of Referral Hospital was examined by ITBP and returned to Referral Hospital for rectifications in June 2019 (21.06.2019). ITBP Proposal for cadre review of medical and paramedical cadre and restructuring of hospital with financial implication of

44.30 Cr is approved by DG ITBP is presently pending due to clubbing of 200 beds Referral hospital proposal. In this regard, a board of officers was assembled at Directorate General, ITBP to prepare a combined proposal of Cadre review of Para Medical Staff of ITBP and 200 bed Referral Hospital, Greater Noida. On 20.01.2020 Cadre review proposal submitted for concurrence of IFA ITBP and approval of DG, ITBP for onward submission to ADG (Med) CAPFs NSG & ARs. After concurrence of IFA ITBP and approval of DG, ITBP proposal will be sent to ADG (Med) CAPFs NSG & AR.s. Thereafter it will require approval from MHA, DOPT and Min. of Finance and subsequent approval of Recruitment Rules from DOP&T which is likely to take minimum 02 years of time.”

3. In the counter affidavit which was filed on September, 2020 it has been admitted that the approval for conducting cadre review of medical and paramedical cadre of ITBP from DOPT and Ministry of Finance and subsequent approval of Recruitment Rules from DOPT, likely to take minimum two years of time. Thus, the said time is upto September, 2022.

4. In view of the above, we hereby direct the respondents to take approval from DOPT and Ministry of Finance and subsequent approval before October, 2022.

5. In view of the above, the writ petition is disposed of.

(SURESH KUMAR KAIT) JUDGE (SUDHIR KUMAR JAIN)

JUDGE MARCH 15, 2022 ns