Karnataka High Court
The Union Of India vs Sri M S Rajaganapathy on 21 March, 2022
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WRIT PETITION No.1877 OF 2021
C/W
WRIT PETITION No.3490 OF 2021
WRIT PETITION No.6436 OF 2021 (S-CAT)
IN W.P. No.1877 OF 2021
BETWEEN :
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF LABOUR
SHRAMA SHAKTI BHAVAN
RAFI MARG
NEW DELHI-110 001
2. EMPLOYEES STATE INSURANCE
CORPORATION
HEAD QUARTERS OFFICE
PANCHADEEP BHAVAN
CIG MARG, NEW DELHI-110 002
3. THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, PEENYA
YESHWANTHPUR
BANGALORE-560 022 ... PETITIONERS
(BY SHRI. B. PRAMOD, ADVOCATE)
-2-
AND :
SRI. M.S. RAJAGANAPATHY
S/O S.M. SELVARAJ
AGED ABOUT 31 YEARS
PLASTER ASSISTANT
ESIC HOSPITAL, PEENYA
YESHWANTHPUR
BANGALORE-560 022 ... RESPONDENT
(BY SHRI. N.G. PHADKE, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD 19.12.2019 PASSED BY THE CAT,
BENGALURU IN O.A. 170/00980/2019 VIDE ANNX-C AND
CONSEQUENTLY DISMISS THE ORIGINAL APPLICATION.
IN W.P. No.3490 OF 2021
BETWEEN :
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF LABOUR
SHRAMA SHAKTI BHAVAN
RAFI MARG
NEW DELHI-110 001
2. EMPLOYEES STATE INSURANCE
CORPORATION
HEAD QUARTERS OFFICE
PANCHADEEP BHAVAN
CIG MARG
NEW DELHI-110 002
3. THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, PEENYA
YESHWANTHPUR
BANGALORE-560 022 ... PETITIONERS
(BY SHRI. B. PRAMOD, ADVOCATE)
-3-
AND :
SRI. TAMIL MARAN P
S/O PARASURAMAN P
AGED ABOUT 32 YEARS
PLASTER ASSISTANT
ESIC HOSPITAL
PEENYA YESHWANTHUR
BANGALORE 560 022 ... RESPONDENT
(BY SHRI. N.G. PHADKE, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD. 19.12.2019 PASSED BY THE
TRIBUNAL IN O.A.170/00979/2019 IS PRODUCED AT ANNX-
C AND CONSEQUENTLY DISMISS THE ORIGINAL
APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.,
IN W.P. No.6436 OF 2021
BETWEEN :
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF LABOUR
SHRAMA SHAKTI BHAVAN
RAFI MARG
NEW DELHI-110 001
2. EMPLOYEES STATE INSURANCE
CORPORATION
HEAD QUARTERS OFFICE
PANCHADEEP BHAVAN
CIG MARG
NEW DELHI-110 002
3. THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, PEENYA
YESHWANTHPUR
BANGALORE-560 022 ... PETITIONERS
(BY SHRI. B. PRAMOD, ADVOCATE)
-4-
AND :
K. BABU
S/O KUPPAN B
AGED ABOUT 36 YEARS
PLASTER ASSISTANT
ESIC HOSPITAL
PEENYA, YESHWANTHUR
BANGALORE 560 022 ... RESPONDENT
(BY SHRI. N.G. PHADKE, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD. 19.12.2019 PASSED BY THE
TRIBUNAL IN O.A.170/00978/2019 IS PRODUCED AT
ANNEXURE-C AND CONSEQUENTLY DISMISS THE ORIGINAL
APPLICATION AND ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY,
P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER
ESI Corporation has filed these writ petitions for a writ of certiorari and to quash the orders dated 19.12.2019 in O.As. No. 170/00980/2019, 170/00979/2019 and 170/00978/2019 respectively, passed by the Central Administrative Tribunal1, Bangalore Bench.
1 'CAT' for short -5-
2. When the matter was heard on the last date of hearing, Shri. N.G. Phadke learned Advocate for respondents had submitted that similarly placed employees were given grade pay of Rs.2,400/- subject to result of the writ petition in W.P.(C) 18/20152 and prayed that similar order may be passed in these cases also. We had requested the learned CGC for the appellant to complete instructions on this aspect.
3. Today, it is submitted by the learned CGC, that the grade pay of Rs.2,400/- has been given pursuant to order dated 19.12.2013 in O.A. No.3227/2011 passed by the learned CAT, New Delhi and the matter is pending consideration in W.P.(C)18/2015 before the Hon'ble Delhi High Court. A copy of the order dated 06.01.2015 passed by the Delhi High Court is placed on record and it reads as follows:
2
Director General, ESI Corporation and another Vs. Brham Pal and others -6- "By this petition filed under Article 226/227 of the Constitution of India, the petitioners seek to challenge the judgment and order dated 19.12.2013 passed by learned CAT, Principal Bench in OA No.3227.2011. Ms.Ankita Patnaik, Advocate appearing on behalf of Ms.Rekha Palli, Advocate for the petitioners submits that this Court has already issued Rule involving the same issue in the two connected writ petitions bearing Nos.W.P.(C) No.4377/2007 and W.P.(C) No.3781/2011.
Issue notice to the respondents to show cause as to why rule nisi be not issued. Mr.Vikas Mahajan, CGSC present on behalf of the respondent No.26/UOI on advance notice, accepts notice. Notice be now issued to respondent nos.1 to 25 on the petitioners taking the necessary steps.
Considering the fact that in the similar writ petitions no stay has been granted by this court and benefits as directed by the learning CAT have been extended, we accordingly direct the petitioners to comply with the directions given by the learned Tribunal in the impugned order dated 19.12.2013 by making it clear that the same shall be subject to the final outcome of the present writ petition."
4. Shri. B. Pramod, placing reliance on Office Order No.71 of 2014 E-I(M) dated -7- 21.04.2014 submitted that the grade pay of Rs.2,400/- has been provisionally given subject to the employees furnishing an undertaking that the payment shall be governed by the outcome of W.P.(C) 18/2015 and any further proceedings thereon.
5. In view of the above, following:
ORDER
(a) Order passed by the CAT is modified to the extent that the respondents shall be granted grade pay of Rs.2,400/- subject to they filing an undertaking before the second petitioner that the provisional payment shall be subject to outcome of W.P.(C) 18/2015 before the Delhi High Court and any further proceedings thereon.
(b) Writ petition stands disposed of accordingly.
6. As prayed for by Shri. Pradeep, it is clarified that we have not examined the case on -8- merits and followed the interim order passed by the Delhi High Court.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS