Sushil Kumar, Medical Record Technician vs Government Of NCT, Delhi & Others

L. Narasimha Reddy, J

This OA shows the over ambition of the applicant on the one hand, and lack of any regard for the rules on the part of the respondents, on the other

hand.

The applicant started his career as Nursing Orderly in the Medical Department of Delhi Administration on 17.04.2000. Thereafter, he is said to

have been promoted to the post of Staff Car Driver w.e.f. 05.11.2004 in the pay scale of Rs.3050-4590 (pre-revised). Stating that he became

medically unfit, the respondents appointed him as Medical Record Clerk, vide order dated 01.01.2013, extending the benefit under Section 47 of the

Person with Disabilities (equal opportunities, protection of the right and full participation) Act, 1995. He was further promoted to the post of Record

Clerk In-charge (Medical), vide order dated 18.05.2016. Four months thereafter, he was promoted as Medical Record Technician. The applicant filed

this OA, with a prayer to direct the respondents to frame the Recruitment Rules for the post of Medical Record Officer, to enable him to be promoted

to that post.

The applicant contends that though he earned promotions in the Medical Record Division, he is entitled to be considered for promotion to the post of

Medical Record Officer.

We heard Mr. Pradeep Kumar, learned counsel for the applicant and Mr. HA Khan, learned counsel for the respondents, at the stage of admission.

It is rather startling that the so-called DPC went on promoting the applicant in the Medical Record Section without even referring to any particular

rule or without considering the cases of other eligible persons. It has already been mentioned that the applicant started his career as Nursing Orderly

and thereafter, he became Staff Car Driver. The Medical Record Section, has its own significance and stipulations as to qualifications and experience.

The appointment of the applicant as Medical Record Clerk was only as a measure of rehabilitation and to ensure that he gets same salary as of Staff

Car Driver. Beyond that, no effort was made to verify whether he was holding the stipulated qualifications or not. Thereafter, he was promoted to the

higher post in the May, 2016, and within four months thereafter, another promotion was granted. It reflects the sad state of affairs in the Hospital.

Be that as it may, prayer in this OA reads as under:-

“i. Directing, binding Respondents to frame Recruitment rules for the post of Medical Record Officer within a given time frame and thereafter if

meeting eligibility criteria, to consider the case of the Applicant for promotion to the post of Medical Record Officer, Group-B.â€​

One just cannot understand as to how the respondents can be directed to frame rules to pave the way to the applicant to be promoted to the post of

Medical Record Officer. Since he had vast influence in the establishment, he felt encouraged and one should not wonder if the applicant makes his

efforts to become Medical Superintendent also.

We do not find any merit in the OA. It is accordingly dismissed. The concerned authority shall verify as to whether the promotions accorded to the

applicant were according to the rules. There shall be no order as to costs.