Central Administrative Tribunal - Delhi
Esic Medical Employees Union Delhi ... vs Employees State Insurance Corporation ... on 10 March, 2023
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Item No. 1 O.A. No. 626/2023
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 626/2023
M.A. No. 756/2023
This the 10th day of March, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
1.ESIC (Medical) Employees Union, Delhi/Noida
(Recognized Reg. No. 4158)
ESIC Hospital, Basai Darapur,
New Delhi-110015
Through its General Secretary,
Sh. Surender Pal, S/o Shri Raj Pal
Correspondence Address:
WZ-194, Village Tihar,
New Delhi-110018
2. Shri. Surender Pal
Aged about 40 years
S/o Shri Raj Pal
WZ-194, Village Tihar,
New Delhi-110018
3. Shri Dheeraj Tanwar,
S/o Sh. Surender Singh Tanwar
Aged about 47 years
R/o WZ-391-A
Basai Darapur, New Delhi-110015
...Applicants
(Through Advocate: Mr. Anil Singal)
Versus
ESI Corporation
Through its Director General,
Panchdeep Bhavan,
CIG Marg,
New Delhi-110002.
...Respondent
(Through Advocate: Mr. Vaibhav Manu Srivastava
Mr. Amit Chawla)
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Item No. 1 O.A. No. 626/2023
ORDER (Oral)
Hon'ble Mr. Anand Mathur, Member (A) The applicant has filed the present Original Application seeking the following relief:-
"8.(A) To direct the respondents to hold yearwise DPCs for the vacancies of various para-medical like OT/CSSD, Lab, Dresser, Plaster group, Nursing Orderly etc. for the year 2018 onwards for consideration of the case of the applicants for promotion and if found fit, grant promotion w.e.f. year 2018 onwards before the Transfer Policy dt. 07.12.2022 and Circular dt. 31.01.2023 are given effect to with all consequential benefits.
(B) To award costs in favor of the applicants and pass any order of order(s) which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case."
2. At the outset, learned counsel for applicant states that the applicant has made a representation dated 03.02.2023, and he would be satisfied if a direction is given to the respondents to dispose of the said representation, within a limited timeframe. He also relies upon a judgment of Hon'ble High Court of Delhi in the case Dr. Sahadeva Singh Vs. Union of India and Ors. [W.P. (C) No. 5549/2007 decided on 28.02.2012].
3. Learned counsel for respondents is also present.
4. In view of the limited prayer made by the learned counsel for the applicant, respondents are directed to dispose of the representation of the applicant dated 3 Item No. 1 O.A. No. 626/2023 03.02.2023, by passing a reasoned and speaking order, within a period of four weeks from the date of receipt of a certified copy of this order. A copy of the speaking order be given to the applicant. It is made clear that we have not entered into the merits of the case.
5. This disposes of the O.A. and M.A. No. 765/2023.
6. No order as to costs.
(Manish Garg) (Anand Mathur)
Member (J) Member (A)
/SGupta/