Central Administrative Tribunal - Ahmedabad
Dr Harshidaben Vakil vs Employees State Insurance Corporation ... on 11 November, 2024
:: 1 :: O.A.No.149/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH
O.A. No.149/2023
Dated this the 11th Day of November, 2024
CORAM:
Hon'ble Shri Jayesh V Bhairavia, Member (J)
Hon'ble, Dr. Hukum Singh Meena, Member (A)
1. Dr. Harshidaben Vakil
General Duty Medical Officer,
59 years, Old, Female,
Occupation: service,
Residing at A/2, Hariharanand
Near Rajwadu, Malav Talav,
Jivraj Parik
Ahmedabad - 380051.
2. Dr. Samir R. Mehta,
Gunecologist, Class - I,
49 years old, Male,
Occupation - Service,
Residing at 4 Favourite Society,
Near Swastik School,
Nava Vadaj,
Ahmedabad - 380013.
3. Dr. Kamlesh B. Saini,
General Duty Medical Officer
51 years old, Male,
Occupation - Service,
Residing at 14 Subhvill - 2,
Opp. Pleasure Club,
Near Navneet Press Railway Crossing,
Ghuma,
Ahmedabad - 380 058.
4. Dr. Pratima Ajay Chauchan,
General Duty Medical Officer,
49 years old, Female,
Occupation - Service,
Residing at A-504, Surbhi Apartment,
Opp. Police Stadium,
Shahibaug,
Ahmedabad - 380004
5. Dr. Manpreetben Gill,
General Duty Medical Officer
:: 2 :: O.A.No.149/2023
58 years old, Female,
Occupation - Service,
Residing at 13, Sector - D1,
Opp. Narayan Park Society,
Sterling City, Bopal,
Ahmeabad - 380058
6. Dr. Jitendra Parmar,
General Duty Medical Officer,
44 years old, Male,
Occupation - Service,
Residing at F-45, Shaktikrupa
Twin Bungalows,
Near Sneh Plaza, I.O.C. Road,
Chandkheda,
Ahmedabad - 382 424
7. Dr. Sachin Gandhi,
General Duty Medical Officer
49 years old, Male,
Occupation - Service,
Residing at M/24, Manavmandir Flat,
Maninagar,
Ahmedabad - 380 008.
8. Dr. Jignesh Desai,
General Duty Medical Officer
49 years old, Male, Occupation - Service,
Residing at 18 Sarthi Bungalow,
Near Satyamex Hospital,
Chandkheda,
Ahmedabad - 382 424.
9. Dr. Sunita Bhalakiya,
General Duty Medical Officer
56 years old, Female,
Occupation - Service,
Residing at D-5, Mansarovar Duplex,
Behind Railway Station,
Maninagar,
Ahmedabad - 380008
10. Dr. Binaben Kothari,
Pathologist (Junior Doctor)
58 years old, Female,
Occupation - Service,
Residing at I-504, Perishkar - 1,
Near Khokra Circle,
Maninagar East,
Ahmedabad - 380008
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11. Dr. Chitra Milind Prakashkar.
Pediatrician, Class-I,
56 years old, Female,
Occupation - Service,
Residing at 11 Madhyamvarg Society,
Bhulabhai Park
Gitamandir Road,
Ahmedabad - 380022.
12. Dr. Sudipti Sinha,
Pediatrician, Class- I,
59 years old, Female,
Occupation - Service,
Residing at 52-A Swagat Bungalow-II
Koteshwar Road, Motera,
Ahmedabad 380 005.
13. Dr. Sunil Manilal Borisa,
ENT Specialist, Class-I,
50 years old, Male,
Occupation - Service,
Residing at 12, Devrath Bungalows,
Near C.G. Road, Chandkheda,
Ahmedabad - 382424.
14. Dr. Faruk I. Mansuri,
General Duty Medical Officer,
47 years old, Male,
Occupation - Service,
Residing at 47, Classic Park,
Near Prachina Society,
Juhapura,
Ahmedabad - 380 055.
......................... Applicant.
(By Advocate: Mr. Dwijen Joshi)
VERSUS
1. Union of India,
(Notice to be served through its Secretary to
the Govt. of India, Ministry of Labour &
Employment, Govt. of India,
Panchdeep Bhawan, Comrade Indrajeet Gupta
Marg, New Delhi - 110002.
2. The Insurance Medical Commissioner,
Employee State Insurance Corporation
Head Quarter Office, Panchdeep Bhawan,
Comrade Indrajeet Gupta Marg,
:: 4 :: O.A.No.149/2023
New Delhi - 110002.
3. State of Gujarat,
Notice to be served through
The Secretary,
Health & Family Welfare Department,
Having its office at New Sachivalaya,
Gandhinagar - 382010.
4. Medical Superintendent
Model Hospital,
Employees State Insurance Corporation,
Bapunagar,
Ahmedabad - 380024.
5. Director General,
Employees State Insurance Corporation
Head Quarter Office, Panchdeep Bhawan,
Comrade Indrajeet Gupta Marg,
New Delhi - 110002.
(By Advocate: Mr. S.D. Vasavda)
....................... Respondents.
O R D E R (ORAL)
Per : Hon'ble Shri Jayesh V. Bhairavia, Member (J)
1. Mr. Dwijen Joshi learned counsel for the applicant present and Mr. S.D. Vasavda learned counsel for the respondents present.
2. In the instant O.A, the applicants being aggrieved with the impugned Transfer Order dated 20.05.2023, have filed the present Original Application.
3. Learned counsel for the applicant submits that this Tribunal by way of interim order dated 31.05.2023 stayed the operation of the impugned transfer order qua the applicants herein.
:: 5 :: O.A.No.149/20234. Learned counsel for both the parties submits that this Tribunal in O.A.404/2018 passed an order dated 29.03.2022 by considering the fact that the respondents have accepted the options of the applicants for their institutional seniority at the time of their absorption and quashed the impugned transfer order dated 23.07.2018 therein and respondents were directed to adhere to the terms and conditions mentioned in the memorandum dated 24.02.2006. In view of the fact that the terms of service agreed at the time of absorption should not be changed or modified to the disadvantage of detriment of the applicants.
The respondents being aggrieved with the order passed by this Tribunal in O.A.404/2018 has filed a Writ Petition before the Hon'ble High Court of Gujarat being S.C.A. No.14726/2023 with allied matters which is pending before the Hon'ble High Court as on date.
5. Counsel for the applicant submits that the respondents have passed an impugned transfer order dated 20.05.2023 (Annexure A/1), therefore, again the applicants herein are compelled to approach this Tribunal and as such this Tribunal by way of interim order stayed the implementation of impugned transfer order.
6. Counsel for the respondents submits that since the applicants of the O.A.404/2018 had filed the C.P.17/2023 and the said C.P. has been dropped by this Tribunal vide its order dated 23.09.2024 on the ground that the respondents themselves have decided to keep the subsequent transfer order in abeyance qua the applicants.
7. Further, learned counsel for the respondents made a statement on instructions that the respondents are not going to implement the impugned transfer order herein and the same has been kept in abeyance as on date and if any developments :: 6 :: O.A.No.149/2023 is proposed in future the same will be intimated to the applicants.
8. After arguing for some time, learned counsel for both parties request that the O.A. may be disposed of till the outcome of the petition pending before the Hon'ble High Court of Gujarat.
9. Heard the learned counsel for both the parties and perused the material available on record.
10. By considering the statement made by the learned counsel for the respondents that respondents are not going to implement the impugned transfer order and the same is kept in abeyance and if any development is proposed in future the same will be intimated to the applicants, we deem it appropriate to dispose of this O.A. with liberty to the applicants to take appropriate legal recourses, including approaching this Tribunal, if any grievance exists.
11. In view of the above, the present Original Application is disposed of.
(Dr.Hukum Singh Meena) (Jayesh V Bhairavia) Member (A) Member (J) /pv/