ORDER
P. Shanmugam, J. (Chairman)
1. Applicants have questioned their Office Memorandum dated 18.12.2006.
2. Brief facts of the case are as follows:
2(a) Applicants joined the service of Central Health Service (CHS) in the year 2000. They are posted with Govt. of NCT of Delhi but they are under the administrative control of Ministry of Health and Family Welfare. Aggrieved by the proposal of the Govt. of NCT of Delhi to constitute the service known as Delhi Health Service, the above OA is filed.
3. In our view, the OA is pre-mature. The constitution of Delhi Health Service for the Allopathic Doctors is in the formation stage as per Office Memorandum dated 16.12.2006. The Government has taken steps in consultation with the Union Public Service Commission to frame regulations and for assessment of suitability of persons to be appointed under the initial constitution. From the notice and the impugned Memorandum, it is gathered that the terms and conditions of the service of the members of the new Service shall be similar to that of other Group ‘A’ service of Govt. of NCT of Delhi. The Government has also proposed to seek option from the members of Central Health Service, who are appointed on the basis of Combined Medical Services Examination and were working under the Government of NCT of Delhi, for being considered for appointment to the new Service. The Grievance of the applicants is that without framing the rules or informing the terms and conditions, they would not be in a position to give their option and, therefore, from the Memorandum dated 18.12.2006 proposing to form a new Service, known as Delhi Health Service, for the Medical Practitioner in Allopathic system of Medicine is illegal. It is seen that there is no compulsion on the part of applicants to give their option to the new Service. It is also stated that terms and conditions of the members of new Service shall be similar to that of Group ‘A’ Service of the Govt. of NCT of Delhi. Therefore, we do not find any uncertainty as to the formation of new Service or its terms. In any event, if applicants’ service conditions are altered and if they are deprived of any rights earned by them, it will always open to them to question the same as and when the service rules framed or orders issued in that regard.
4. In the above circumstances, we do not find any prejudice that has been caused to the applicants at this stage.
5. For all the above reasons, OA is disposed of as above.