Central Administrative Tribunal - Madras
S Suresh vs M/O Labour And Employment on 3 June, 2025
1 OA No.310/00460/ 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00460/2025
Dated this the3rd day of June, Two Thousand Twenty Five
CORAM :
HON'BLE MR M. SWAMINATHAN, JUDICIAL MEMBER
S. Suresh
Nursing Orderly,
G-6, ESIC Staff Quarters,
K. K. Nagar, Chennai .. Applicant
By Advocate M/s. TVJ Associates
Vs.
1.Union of India
rep by its Secretary,
Ministry of Labour and Employment,
Shram Shakti Bhawan,
Rafi Marg, New Delhi.
2. Employees State Insurance Corporation,
By its Director General,
Panchdeep Bhawan,
CIG Marg, New Delhi.
3. Employee State Insurance Corporation,
By its Regional Director,
No.143, Sterling Road,
Chennai. .. Respondents
By Advocate Mr. TNC Kaushik
2 OA No.310/00460/ 2025
ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member) This OA has been filed by the applicant seeking the following relief:
"To call for the records of the 3rd respondent dated 14.10.2024 in file No.512/11/27/2021- 2022/Misc/Admn-11(E-File No.46078) in so far it relates to the applicant and set aside the same and direct the respondents to conduct DPC for considering the case of nursing orderlies for promotion and to pass any other order or directions or mould the relief as deemed fit and proper in the circumstances of this case and thus render justice"
2. Brief facts of the case, as submitted by the applicant are as follows:
The Applicant, currently serving as a Nursing Orderly at ESIC Hospital, K.K. Nagar, became eligible for promotion in 2019 after completing six years of service. As per Recruitment Rules, Nursing Orderlies may be promoted to five different posts viz., Plaster Assistant, CSSD Assistant, OT Assistant, Medical Record Assistant and Dresser. Although a Departmental Promotion Committee (DPC) was held in 2022, the Applicant was not considered. A representation was submitted in August 2023, requesting the 2024 DPC to be conducted as per the official calendar, emphasizing the negative impact of delay on career progression. However, the 4th Respondent rejected the request on 14.10.2024, citing two reasons: (a) no new posts were sanctioned for the Tamil Nadu region, 3 OA No.310/00460/ 2025 and (b) promotions of senior Nursing Orderlies were under cloud/kept in abeyance. The Applicant submitted a fresh representation on 02.04.2025, pointing to a change in circumstances, including relevant legal resolutions and supporting Tribunal orders. An RTI response on 04.04.2025 revealed 16 available vacancies for 2023-24. Despite these developments and other regions proceeding with promotions, the Tamil Nadu region has not acted, prompting the Applicant to file the present OA.
3. Heard learned counsel for the applicant M/s. T.V.J Associates, and Mr. TNC Kaushik, who takes notice for the respondents.
4. When the matter was taken up for admission, the learned counsel for the applicant submitted that the applicant has made a detailed representation dated 02.04.2025 (A-5), which is still pending before the respondents for consideration. Therefore, he pleaded that an appropriate direction may be given to the Competent Authority to dispose of the representation of the applicant, which will suffice at present.
5. In view of the limited relief sought and to meet the ends of justice, it would be appropriate to direct the Competent Authority among the respondents to consider the representation, dated 10.05,2025 (A -5) and 4 OA No.310/00460/ 2025 pass an appropriate speaking and well-reasoned order within a period of 2 months from the date of receipt of this order. It is also made clear that this Tribunal is not entering into the merits of the case at this stage.
6. With the above direction, the OA is disposed of at the admission stage.
(M. SWAMINATHAN) MEMBER(J) 03.06.2025 mas