31 years on, PGI orders cadre restructuring for technical staff

The Postgraduate Institute of Medical Education and Research (PGIMER) here has issued orders for the restructuring of cadre of its technical staff (laboratory, X-ray and radiotherapy) with retrospective effect from March 1, 1992. It will benefit a large number of employees in terms of salary and service status.

The development has finally brings to fruition the 31-year struggle of the non-faculty staff for their demands. It will ensure compliance with the judgment of the Central Administrative Tribunal (CAT), Chandigarh Bench, dated July 10, 2013, and the Supreme Court order dated January 11, 2019. The civil writ petition was first filed in 1994 by the Joint Action Committee of the regular employees of the PGI. A few employees have passed away awaiting justice.

The cadre restructuring is based on recommendations of the Cadre Anomaly Committee headed by Prof S Prabhakar and has been approved by the institute’s governing body. It replaces the earlier office order issued on February 5, 2020. The move introduces a six-tier promotional structure for technical staff — technician, senior technician, technical assistant, technical officer, senior technical officer and chief technical officer.

Court pressure prompted partial action earlier

To avoid the wrath of the court during contempt petition proceedings, the PGI Director had passed an office order dated February 5, 2020, in pursuance of the approval of the Department of Expenditure, Ministry of Finance, conveyed by the Ministry of Health and Family Welfare on January 28, 2020. However, PGI Administration and Health Ministry took 5 years for getting approval from Governing Body.

Financial Implications and Further Action

The implementation has significant financial implications estimated at Rs 100 crore, including arrears and retirement benefits. The process to conduct Departmental Promotion Committees (DPC) in accordance with the revised structure is expected to begin shortly.

While the PGIMER does not have posts for Chief Technical Officer, proposals for seven such posts (five for laboratory and one each for X-ray & radiotherapy) have been submitted to the Ministry of Health and Family Welfare for necessary approval.

Legal journey, vindication of non-faculty staff

This long-awaited reform follows a tumultuous legal and administrative battle. After accepting 28 out of 29 demands of the non-faculty staff in its 2013 judgment, CAT’s orders were repeatedly challenged by the PGI Administration and the Centre through multiple rounds of litigation, including several special leave petitions (SLPs) and review petitions — each dismissed by the Supreme Court.

The SLP (of 2018) filed against the PGI Medical Technologists Association was dismissed in 2019. The previous SLPs filed by PGI and the Union of India were also dismissed or withdrawn between 2014 and 2018.

The PGI administration and the Health Ministry took five years to obtain the final approval from the Governing Body, which was granted on February 26 and May 16 this year. “I drafted each and every page before the High Court from 1994 to 2010 and appeared and pleaded the case in person. Again from March 2010 to January 11, 2019, I drafted the case, replication and pleaded it myself from CAT to the High Court,” said Ashwani Kumar Munjal, one of the applicants in the contempt petitions. “Then I filed the contempt petition in 2014 and again in August 2019, which is now listed for July 8.”

However, the issuance of the present order dated July 4 by the PGI — just ahead of the hearing — is being seen as a major step towards resolving the matter fully.

A battle fought on the ground, in courtrooms

The journey toward this decision saw several phases of agitation, including strikes and “jail bharo andolans” by the non-faculty staff from 1991 to 2008, affecting health care services and drawing widespread attention.

This restructuring is not only a significant victory for the PGI Medical Technologists Union but also sets a strong precedent for the rights and recognition of technical staff in the premier medical institutions across the country.

Box: How it impacts promotions

Earlier, the technical staff recruited with BSc in Medical Technology started at grade pay Rs 4,200 (Pay Level 6). Even after two promotions, they remained within grade pay of Rs 4,200 and Rs 4,600, making the promotions largely symbolic. Under the new structure, the cadre will now progress up to grade pay Rs 7,600 (Pay Level 12) for the newly proposed post of chief technical officer, thereby making promotions truly beneficial in terms of financial and service status.

Chandigarh