Central Administrative Tribunal - Delhi
Sarwan Kumar vs Employees State Insurance Corporation ... on 30 January, 2023
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 2569/2022
O.A. No. 1331/2019
O.A. No. 3221/2019
This the 30th day of January, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K Gupta, Member (J)
OA No. 2569/2022
1. Sarwan Kumar
S/o. Late Sh. Bhagwat Singh
Aged about: 48 years, Group
Post: Plaster Assistant
R/o. A-176, Doctor Ambedkar Colony,
Chattarpur, Delhi - 110074.
2. Anand Kumar Bahot
S/o. Late Sh. Kanhiya Lal
Aged about: 48 years, Group C
Post: Plaster Assistant
R/o. E-II, 263, Madangir,
New Delhi - 110062.
3. Maqbool Raza
S/o. Late Sh. Rahamat Ali,
Aged about: 52 years, Group C
Post: Plaster Assistant
R/o. Gali No. 25/06,
Shiv Enclave, Ismailpur
Faridabad, Haryana.
...Applicants
(By Advocate : Mr. Soumyajit Pani with Ms. Aishwarya
Bajpai)
Versus
1. Employee State Insurance Corporation
Through Director General,
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
Panchdeep Bhawan,
CIG Road, New Delhi
2. Medical Superintendent,
ESIC Hospital, Okhla,
New Delhi - 110020.
3. Regional Director
ESIC (Medical)
Rajendra Place,
Rajendra Bhawan
New Delhi -110008
...Respondents
(By Advocate: Mr. Achint Kumar for Mr. Murari Kumar)
OA No. 1331/2019
1. Ishwar Chand
S/o. Late Sh. Kishan Chand
Aged about: 51 years,
Post: CSR Assistant (Group - C)
R/o. D-2/18, Sector - 11,
Rohini, New Delhi - 110085.
2. Rishi Kumar Sharma
S/o. Sh. Ganeshi Lal Sharma
Aged about: 51 years,
Post: CSR Assistant (Group - C)
R/o. 5/18, Chanchal Park,
Nangloi, Najafgarh Road,
New Delhi - 110004.
3 Rajbir
S/o. Sh. Daya Singh,
Aged about: 46 years,
Post: CSR Assistant (Group - C)
R/o. RZ - 147, Roshan Garden1,
Najafgarh, New Delhi - 110043.
4. Kuwar Singh
S/o. Late Sh. Khem Singh,
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
Aged about: 43 years
Post: CsSD Assistant (Group - C)
R/o. A-17B, DSIDC, Madipur,
New Delhi - 110063.
5. Ram Niwas
S/o. Sh. Raghbir Sharan Parasher,
Aged about: 46 years
Post: CSR Assistant (Group - C)
R/o. H. No. 494, V&PO Banker,
Delhi - 110040.
6. Sunil Kumar
S/o. Sh. Daulat Ram
Aged about: 42 years
Post: OT Technician (Group - C)
R/o. C-39, ESI Colony, Basai Darapur,
New Delhi - 110015.
7. Renu Verma
W/o. Sh. Naresh Kumar
Aged about: 47 years
Post: CSSD Technician (Group C)
R/o. Qtr. No. 42, ESI Colony,
Basai Darapur, New Delhi - 15.
8. Mahesh Kumar
S/o. Bhagwati Prasad
Aged about: 31 Years
Post: OT Assistant (Group - C)
R/o. 24-A/1, Block-A,
Pochanpur Extn., Sector -23,
Dwarka, New Delhi - 110077.
9. Bhim Singh
S/o. Lt. Sh. Thawariya,
Aged about: 53 years
Post: OT Assistant (Group C)
R/o. Village Rampur (Kundal),
Distt. Sonipat, Haryana.
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
10. Sunil Kumar Nayar
S/o. Lt. Sh. V. M. Nayyar,
Aged about: 53 years
Post: OT Assistant (Group - C)
R/o. C-90, ESI Colony,
Basai Darapur,
New Delhi - 110015.
...Applicants
(By Advocate : Mr. Gagan Chawla)
Versus
1. Employee State Insurance Corporation
Through Director General,
Panchdeep Bhawan,
CIG Road, New Delhi
2. Medical Superintendent,
ESIC Hospital, Basaidarapur,
New Delhi - 110015.
3. Medical Superintendent.
ESIC Hospital
Rohini
Delhi
...Respondents
(By Advocate: Mr. Achint Kumar for Mr. Murari Kumar)
OA No. 3221/2019
1. Mahender Singh
Aged about 50 years, Group - C
S/o. Sh. Sohan Lal
Post: Plaster Assistant
R/o. K-1/55, Budh Vihar,
Ph-I, New Delhi 110086
2. Vijay Singh
Aged about - 45 years, Group - C
Sh. Darshan Singh
Post: OT Assistant
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
R/o. C-49, ESI Colony,
Basai Darapur,
New Delhi 110015
3. Gaurav
Aged about - 53 years, Group C
S/o. Sh. Jagdish
Post: Plaster Assistant
R/o. Y-1860-61, Mangol Puri,
New Delhi - 110083
4. Ashok Kumar
Aged about - 43 years, Group - C
S/o. Sh. Rameshwar Dutt,
Post: Plaster Assistant,
R/o. Village - Pai, P.O. Kadoli,
Parhladpur Distt. Sonipat,
Haryana.
5. Sukhbir Singh
Aged about- 46 years, Group - C
S/o. Ishwar Singh
Post: CSSD Assistant
R/o. 1622, Mundka,
Delhi 110041
6. Shri. Bhagwan Yadav,
Aged about 47 years, Group - C
S/o. Late Sh. Raj Singh Yadav,
Post: Plaster Assistant
R/o. 1655, Village - P.O., Mundka,
New Delhi - 110041
7. Sheo Mohan Upadhyay
Aged about- 60 years, Group- C
S/o. Awadhesh Narain Upadhyay,
Post: OT Assistant
R/o. RZF- 100 Gali No. 4,
Mahavir Enclave, Palam,
Dabri Road, New Delhi 110045
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
8. Ram Singh Rawat
Aged about 46 years, Group C
S/o. Sh. Raje Singh Rawat
Post: Plaster Assistant
R/o. C-41, ESI Colony,
Basai Darapur, New Delhi - 110015
9. Anoop Singh
Aged about-41 years, Group - C
S/o. Late Sh. Sadhu Singh,
Post: Plaster Assistant
R/o. D-58, Karam Pura,
New Delhi - 1100155.
...Applicants
(By Advocate : Mr. Gagan Chawla)
Versus
1. Employee State Insurance Corporation
Through Director General,
Panchdeep Bhawan,
CIG Road, New Delhi
2. Medical Superintendent,
ESIC Hospital, Basai Darapur,
New Delhi - 110015.
3. Medical Superintendent.
ESIC Hospital, Sector-15
Rohini, Delhi
...Respondents
(By Advocate: Mr. Achint Kumar for Mr. Murari Kumar)
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Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
ORDER (ORAL)
By Hon'ble Mr. Tarun Shridhar, Member (A):-
It is not in dispute that the issue and grounds raised in the captioned three OAs are same. Accordingly, with the consent of learned counsels for the parties, these three OAs are being disposed of by the present common Order.
However, the facts and circumstances of OA No. 2569/2022 are discussed herein.
2. The applicants, by virtue of the present OA seek the following reliefs:-
"i. quash/set-aside the impugned order dated 15.06.2017 (copy of the same is Annexure - A/1) and direct the respondents to revise the pay scale of the applicants and fix in the pay scale of Rs.4,000-100- 6,000/- w.e.f. 01.01.1996 in terms of the order dated 19.12.2013 passed by this Hon'ble Tribunal in O.A. No.3227/2011 titled as Brahm Pal Versus Union of India" and the orders General ESI Corporation & Others) in the interest of justice; and further direct the respondents to revise the ii. the pay scale of the applicant at Rs.2,400/- in Payband-I in consonance with the recommendation of 6th. Pay Commission in the interest of justice; and iii. grant arrears to the applicants accordingly at least three years prior to the institution to the present application in the interest of justice; and iv. pass any other order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
3. Learned counsel for the applicants argues that the issue involved in the present OA is squarely covered by a 8 Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019 catena of judgments passed by the coordinate Benches of this Tribunal, the latest one being judgment dated 12.01.2023 passed in OA no. 1330/2019. The said judgment has also referred to the earlier judgment passed by this Tribunal in OA No. 4644/2015. Accordingly, he seeks disposal of the present OA by way of identical orders.
4. Learned counsel for the respondents strongly contests and submits that each OA is to be determined to its own facts and circumstances, as also the merits. The relief granted in one particular matter cannot automatically be extended to another till the facts are tested against the background of relevants rules. He further argues that it is not disputed that the orders of this Tribunal with respect to granting higher pay scale to the applicants is under challenge before the Hon'ble High Court vide Writ Petition No. 16/2015. Accordingly, it would be prudent to await the outcome of the said writ petition before adjudicating the present OA.
5. We have heard the learned counsels for the parties and also gone through the documents on record. 9 Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019
6. We find that facts and circumstance as also the issues involved in the present OA are strikingly similar to the earlier OA referred to in the proceeding paragraphs. Such being the case, we have no cause to digress from the view already taken and the judgment rendered in the matter. Therefore, it would be wise to quote verbatim the order passed by this Tribunal in OA 1330/2019:-
"3. We have gone through the order passed in similar OA and compared it with the pleadings of the instant OA. We are in agreement with the statement made by the learned counsel for the applicants that there are striking similarities in the aforementioned OA. Therefore, there is absolutely no cause before us to take a different view, rather it would be inappropriate. Therefore the present O.A. is allowed on the similar terms. For the sake of clarity the operative part of the order passed in OA No. 4644/2015 is reproduced below:-
"8. In view of the aforesaid, the present OA is disposed of with direction to the respondents to grant the pay scale of Rs. 4000-100-6000 to the present applicants, in accordance with the order/judgment dated 19.04.2016 of this Tribunal in OA No. 2995/2014 with connected OA titled Dharambir Singh Ranga vs. Employees State Insurance Corporation & Ors. However, as directed in the judgment in OA No. 2996/2014, the applicants shall be entitled to arrears only with effect from the date of filing of this OA, without any interest thereon. It is clarified that as recorded, this OA, was filed on 17.12.2016. They shall also not be entitled to payment of any interest upon the arrears so calculated. The respondents are directed to comply with the directions within a period of eight 10 Item No. 79/ C-5 OA No. 2569/2022 , 1331/2019 & 3221/2019 weeks from the date of receipt of a copy of this order. We add that this order shall be subject to the outcome of Writ Petition filed by the respondents challenging the earlier orders of this Tribunal on this issue."
4. Accordingly, the O.A. stands disposed of in the aforesaid terms."
7. Therefore, we have no hesitation in allowing the present OA with a direction to the respondents to grant the pay scale of Rs. 4000-100-6000/- to the applicants in accordance with the aforequoted judgment. Needless to say that the relief so granted to the applicant shall be subject to the outcome of the writ petition pending before the Hon'ble High Court.
8. All the four OAs are disposed of in the aforesaid terms. No costs.
9. Registry is directed to place a copy of this Order in all the connected OAs.
(Pratima K Gupta) (Tarun Shridhar)
Member (J) Member (A)
/daya/