CHANDIGARH: The Punjab Chief Minister Parkash Singh Badal Wednesday asked Prime Minister Dr. Manmohan Singh to intervene and stop the Chandigarh Administration "from tampering with the existing system for filling the top civil posts in the Union Territory on deputation from Punjab and Haryana on a 60:40 ratio till Chandigarh is transferred to the State of Punjab."

In a written communication to the P.M., the Chief Minister warned that "the people of Punjab will not permit any change in the administrative structure of the City of Chandigarh to the detriment of the interests and claims of the State of Punjab and Punjabis.

Any such effort will cause unrest in the minds of Punjabis within and outside the State and will deeply hurt their sentiments" said Badal, adding that the reported move of the UT Administration violated not only the "specific position taken by the Central Administrative Tribunal (CAT) on the issue but also the related provisions in the Punjab Re-organisation Act, 1966."

                       
"I am amazed and shocked to learn that efforts are afoot to turn Chandigarh into a perpetual Union Territory," said Badal.

Meanwhile, the Chief Minister's Media Advisor, Harcharan Bains, disclosed Wednesday that Badal would take up the matter with the Prime Minister at their next meeting.

"He is seeking a meeting with the P.M. to discuss what he feels "is a matter of utmost importance and serious concern to Punjab. The UT's move has deeply hurt Badal and he views it as an unreasonable, unjustified and eminently avoidable step.

The Chief Minister would  impress upon the Prime Minister the need to stop the Chandigarh Administration from doing anything that had the potential to cause unrest in the region," said Bains.

The Chief Minister's 'firm and unequivocal stand' came amidst reports that the Union Territory was seeking to change the present process of filling the " the posts of Principal Medical Officer-cum-Director, Health Services and Joint Principal Medical Officer-cum-Medical Superintendent in Chandigarh by transfer on deputation from amongst the officers from the Punjab or Haryana State Governments.

The UT Administration reportedly was initiating a move to fill these posts by promotion from the UT cadre officers. Ever since the Re-organization of Punjab in 1966, these posts have been filled from amongst the officers of Punjab and Haryana who can remain on deputation up to a period of four years.

Badal used strong words to voice the state's position on the issue. "The People of Punjab have never compromised on the denial of their legitimate right and claim to the city of Chandigarh. In order to get Chandigarh transferred to the State, they were forced to launch mass agitations, as a result of which thousands of Punjabis had to court arrests. The aspirations and sentiments of all Punjabis are deeply attached to the issue of the city right from the day the City was conceived," he wrote in his communication to the PM.

The Chief Minister emphasized that 'the State of Punjab is absolutely clear that Chandigarh belongs to the State of Punjab to which it needs to be transferred immediately.' He added that the people of Punjab expected the Prime Minister to use his good offices to resolve the long-outstanding issue regarding the transfer of Chandigarh to Punjab."

As per the Chandigarh Administration Medical Posts (Group 'A') Recruitment Rules, 1983, the posts of Principal Medical Officer-cum-Director, Health Services and Joint Principal Medical Officer-cum-Medical Superintendent, U.T. Chandigarh are to be filled by transfer on deputation from amongst the officers from the Punjab or Haryana State Governments.

Ever since the re-organization of Punjab in 1966, the post of Principal Medical Officer-cum-Director, Health Services has been filled form amongst the officers of Punjab Civil Medical Services cadre on deputation and that of the Joint Principal Medical Officer-cum-Medical Superintendent has been filled from amongst the officers of Haryana State Medical Services cadre.

Further, as per these rules, the Principal Medical Officer-cum-Director Health Services can remain on deputation up to a period of four years.

                       
'Though, U.T. of Chandigarh was carved out in the year 1966, the Recruitment Rules were framed by the competent authority in the year 1983. After having experience of 17 years, the competent authority i.e. Government of India considered it expedient to prescribe the mode of recruitment to both these posts by way of transfer on deputation/transfer so as to avail services of experienced persons keeping in view that it is a solitary post in each of the cadre.

The official respondents as well as private respondents through their written statements have submitted that the framers of the Rules were aware of the existence of the U.T. cadre but keeping in view the number of posts and with a view to have experienced person and keeping in view the periodical change in the post, said method of recruitment has been prescribed.

The Recruitment Rules have stood the test of time since 1983 and were challenged only in the year 1995. The CAT specifically observed that there was no dispute that the posts of Medical Superintendent as well as that of Principal Medical Officer were solitary posts and that the Competent Authority by taking into consideration the relevant factors, framed the said Rules.

The existing Rules have stood the test of time since 1983 and balance has also been struck between the States of Punjab and Haryana as the post of PMO-cum-DHS is filled from Punjab cadre doctors and that of Medical Superintendent is filled from Haryana Cadre doctors,' said Badal.

                       
"There is no rationale or requirement for amendments, to the existing rules," he said.

                       
Further,  as per the decisions taken under the Punjab Reorganization Act, 1966, the posts of various services in the Union Territory of Chandigarh are required to be filled up by taking officers/officials on deputation from the State of Punjab and Haryana in the ratio 60:40 as per the policy guidelines contained in MHA's letter No. 14/1/66-CHD dated 4th November, 1966.

The Supreme Court of India has not only upheld these Government policy guidelines in the case of Swarn Lata Versus Union of India (1980 Lab IC (NDC) 8 1979 1 Lab LJ C.A. No. 628 of 1978 dated 16th January, 1979) but has held that these instructions issued by the Government of India that the civil posts in the Chandigarh Administration shall be manned by the employees by the State Governments of Punjab and Haryana on deputation basis are supplemental, incidental and consequential provisions for the reorganization of the States under the Reorganization Act and are binding on all the parties covered under the reorganization, Badal pointed out.