Central Administrative Tribunal - Chandigarh
Sazia Parveen vs Employees State Insurance Corporation on 24 September, 2019
1
(R.A. No. 60/26/2019 in
OA No. 060/1528/2018)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
...
Review Application No. 60/26/2019 , M.A NO. 60/1496/2019
& M.A. NO. 60/1497/2019 in
ORIGINAL APPLICATION N0. 060/1528/2018
Chandigarh, this the 24th day of September, 2019
...
CORAM: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J)
HON'BLE MR. A.K. BISHNOI, MEMBER (A)
...
1. Union of India through its Secretary of Health and Family
Welfare, Nirman Bhawan, New Delhi 110001.
2. Director General Health Services (DGHS), Nirman Bhawan,
New Delhi.
3. Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi 110001.
4. Director General ESI Corporation, Panchdeep Bhwan, Kotla
Road, New Delhi-110002.
5. Medical Superintendent, ESIC, Model Hospital, Ram Darbar,
Chandigarh.
....Review Applicants
(By Advocate: Shri KK. Thakur)
VERSUS
1. Shazia Parveen W/o Noor Islam Ahmed, O.T. (Operation Theatre),
Assistant ESIC Ram Darbar, Chandigarh (Post Group-C, aged 30
years).
2. Sandeep Kumar S/o Sh. Sewa Ram, O.T. Assistant ESIC Ram
Darbar, Chandigarh, Post Group-C, aged 38 years, R/o # 647C,
Sector 46-A, Chandigarh.-160017
3. Seema Rani D/o Ajay Kumar, O.T. Assistant ESIC Ram Darbar,
Chandigarh, Post Group-C, aged 30 years, R/o H.No.315, Vill.
Mubarikpur, Dera Bassi, Mohali 140110.
4. Sarita W/o Pawan Kumar, O.T. Assistant ESIC Ram Darbar,
Chandigarh, Post Group-C, aged 30 years, R/o 646/C, Sector 46-
A, Chandigarh.
5. Sanjeev Kumar S/o Puran Chand, O.T. Assistant ESIC Ram
Darbar, Chandigarh, Post Group-C, aged 33 years, R/o 1012F,
Sector 7B, Chandigarh.
6. Rakesh Kumar S/o Sh. Baljor Singh, Plaster Assistant ESIC Ram
Darbar, Chandigarh, Post Group-C, aged 36 years, R/o 1068,
Sector 7-B, Chandigarh.
7. Jyoti d/o Sh. Ranbir Singh, Central Sterile Services
Department Assistant (CSSD)/Post Group-C, ESIC Model
Hospital, Ram Darbar, Chandigarh aged 34 years, r/o H. NO.
434/4, Dashmesh Nagar, Zirakpur Pin Code 134117
8. Manjeet Singh s/o Sh. Dharambir Singh, Central Supply
Room (CSR)Assistant, Post Group-C, ESIC Model Hospital,
Ram Darbar, Chandigarh, aged 31 years, R/o H. NO. 192
Badal Colony Zirakpur Pin 134017.
....RESPONDENTS
2
(R.A. No. 60/26/2019 in
OA No. 060/1528/2018)
ORDER (Oral)
SANJEEV KAUSHIK, MEMBER (J) The present Review Application (R.A.) has been filed by the respondents in O.A. seeking review of consensual order dated 24.01.2019, passed in O.A. No. 60/1528/2018 by this Tribunal. The O.A. was disposed of on a statement made by the learned counsel for the applicants that issue in this case has already been put at rest by the Principal Bench, New Delhi of this Tribunal qua similarly situated persons and denial was made as the applicants were not a party to the lis. It has also been recorded that Writ Petition against that order is pending adjudication before Hon'ble High Court of Delhi and no stay has been granted.
2. Considering that fact, this Court disposed of the O.A. by quashing the impugned order, directing the respondents to apply the ratio of the decision rendered in the case of Dharambir Singh Ranga and Ors vs. Union of India & Ors. (O.A. No. 2995/2014 decided on 19.4.2016 in the case of present applicants also with a rider that they will abide with the judgment of the Hon'ble High Court of Delhi in the pending Writ Petition. In case the decision of this Tribunal is reversed by the Hon'ble Delhi High Court, then the applicants will be liable to return the consequential benefits.
3. We have heard Mr. K.K. Thakur, learned counsel for review applicants and gone though the pleadings.
4. Mr. Thakur, learned counsel submits that since true facts were not brought to the notice of either before the Hon'ble 3 (R.A. No. 60/26/2019 in OA No. 060/1528/2018) Principal Bench of this Tribunal while disposing of the above indicated O.A. or before this Court, therefore, the present R.A., is maintainable.
5. We have given our thoughtful consideration to the entire matter, and we are of the considered view that once the order has been passed, based upon a decision in the case of similarly placed persons, by the Principal Bench of this Tribunal, which has not been stayed by the Hon'ble High Court and rights of the respondents is already protected by taking undertaking from the applicants in O.A. that they will abide by the judgment to be given by the Hon'ble High Court, we do not find that this R.A. is maintainable as whatever fate will be that of Writ Petition, that will also bind the applicants and the respondents. Consequently the R.A. is dismissed. Pending M.As M.A NO. 60/1496/2019 & M.A. No. 60/1497/2019 in also stand dismissed.
(A.K. BISHNOI) (SANJEEV KAUSHIK)
MEMBER (A) MEMBER (J)
Dated: 24.09.2019
`SK'
4
(R.A. No. 60/26/2019 in
OA No. 060/1528/2018)