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[Cites 4, Cited by 0]

Central Administrative Tribunal - Jabalpur

Shailendra Kumar Lambade vs M/O Labour on 17 April, 2025

                                                                      1   O.A.No. 201/00751/2019

                                                                                        Reserved
                       CENTRAL ADMINISTRATIVE TRIBUNAL,
                               JABALPUR BENCH
                                  JABALPUR
                                   Original Application No.201/00751/2019
                  Jabalpur, this Thursday, the 17th day of April, 2025
  HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
       HON'BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER

1. Shailendra Kumar Lambade, s/o Late Shri Laxman Rao Lambade, Age
39 years, O.T. Technician, ESIC Model Hospital, r/o 79/81, Suyesh Vihar,
Behind ESIC Model Hospital, Nandanagar, Indore 452011.

2. Nilesh Ramdas Raghorte, s/o Shri Ramdas Raghorte, Age 44 years,
O.T. Technician, ESIC Model Hospital, r/o 398/17, Nandanagar, Indore
452011.

3. Lakhan Lal Vani, s/o Shri B.L. Vani, Age 50 years, O.T. Technician,
ESIC Model Hospital, r/o A-16, Panchdeep Nikunj, Nandanagar, Indore
452011.

4. Rajesh Kumar Koshisha, s/o Late Shri Balkishan Koshika, Age 45
years, O.T. Technician, ESIC Model Hospital, r/o 103, Budhwariya,
Valabh Bhai Patel Marg, Ujjain 456006.

5. Balwant Singh Panwar, s/o Shri kamal Singh Panwar, Age 41 years,
O.T. Technician, ESIC Model Hospital, r/o B-33, ESIC Nikunj, Nehru
Nagar, Indore 452008.

6. Dinesh Gendalal Raikwar s/o Shri Gendalal Raikwar, Age 46 years,
O.T. Technician, ESIC Model Hospital, r/o B-38, ESIC Nikunj, Nehru
Nagar, Indore 452008.




             Digitally signed by VISHAL KUSHWAH
             DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=                          Page 1 of 8
 VISHAL
             COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur,
             S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone=
             7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce
             7c669575555f, SERIALNUMBER=
             8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8
             7d4b355c7dc8, [email protected], CN=VISHAL


KUSHWAH      KUSHWAH
             Reason:
             Location:
             Date: 2025.04.21 12:35:53+05'30'
             Foxit PDF Reader Version: 2024.3.0
                                                                       2   O.A.No. 201/00751/2019

                                                                                        Reserved
7. Takeshwar Ram Dhruw, s/o Shri Baloodram Dhruw, Age 47 years,
O.T. Technician, ESIC Model Hospital, r/o A-2, ESIC Nikunj, Nehru
Nagar, Indore 452008.

8. Ramchandra Jatav, s/o Shri Hariram Jatav, Age 40 years, O.T.
Technician, ESIC Model Hospital, r/o C-10, Panchdeep Nikunj,
Nandanagar, Indore 452011.

9. Shivnarayan Parmar, s/o Shri Ganpat Parmar, Age 44 years, O.T.
Technician, ESIC Model Hospital, r/o A-5, Panchdeep Mikuri
Nandanagar, Indore 452071.

10. Manoj Pal, s/o Shri Shivmangal Pal, O.T. Technician, ESIC Model
Hospital, r/o 176/2, Banganga, Indore (M.P.)

11. Narayan Singh Chouhan, s/o Shri Narpat Singh Chouhan, Age 41
years, C.S.S.D. Technician, ESIC Model Hospital, r/o A-4, ESIC Nikunj,
Nehru Nagar, Indore 452008.

12. Vijay Kumar, s/o Shri Satyanarayan Yadav, Age 37 years, C.S.S.D.
Technician, ESIC Model Hospital, r/o 5/18, Type II, Doctors' Colony,
Nandanagar, indore 452011.

13. Mitul Fadia, s/o Shri Ramesh Fadia, Age 34 years, C.S.S.D.
Technician, ESIC Model Hospital, r/o 419, Goyal Avenue, Nipania,
Indore 452008.

14. Harish Pal, s/o Shri Nandkishore Pal, Age 39 years, C.S.S.D.
Technician, ESIC Model Hospital, r/o Gram Lasudia Parmar, Post
Dakachya,A.B. Road, Indore 452008.




             Digitally signed by VISHAL KUSHWAH
             DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=                          Page 2 of 8
 VISHAL
             COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur,
             S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone=
             7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce
             7c669575555f, SERIALNUMBER=
             8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8
             7d4b355c7dc8, [email protected], CN=VISHAL


KUSHWAH      KUSHWAH
             Reason:
             Location:
             Date: 2025.04.21 12:35:53+05'30'
             Foxit PDF Reader Version: 2024.3.0
                                                                       3   O.A.No. 201/00751/2019

                                                                                        Reserved
15. Naredra Bhargava, s/o Shri Sakharam Bhargava, Age 37 years,
C.S.S.D. Technician, ESIC Model Hospital, r/o 454, Tirumala Pride,
Bhangarh Road, M.R.-10, Indore 452010.

                                                                                   -Applicant
(By Advocate - Shri Prasanna J Mehta)
                            Versus
1. Union of India, through Secretary, Ministry of Labour and
Employment, Shram Shakti Bhawan, New Delhi - 110001.

2. Director General, ESIC Head Quarters, Panchdeep Bhawan, CIG Marg,
New Delhi -110002.

3. The Medical Superintendent, Employees State Corporation Model
Hospital and Disease Centre, Vandanagar, Indore - 452011

                                                                               - Respondents
(By Advocate - Shri Nilesh Gangwar)
                               ORDER

By Mallika Arya, AM:

This Original Application has been filed by the applicants being aggrieved by the action of the respondent no. 3 whereby he rejected the representations regarding fixation of pay in the pay scale of PB-2 9300- 34800 with Grade Pay 4200 under 6th Central Pay Commission to them from their respective dates of promotion/recruitment to the Post of O.T./C.S.S.D. Technician in ESIC Hospital. The grounds taken for rejection are that the ESIC Headquarters has fixed the pay scale of OT/CSSD Technician under the PB-1, 5200-20200, G.P. 2400. This is against the CCS (RP) Rules 1997 and CCS (RP) Rules 2008. As a result of this, the applicants are drawing less pay every month.
Digitally signed by VISHAL KUSHWAH DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 3 of 8
VISHAL COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:
Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A.No. 201/00751/2019 Reserved

2. The brief facts of the case are that the Applicant Nos. 1, 3, 4, 5, 6, 7, 8 & 9 were promoted to the post of O.T. Technician vide office order No. 174/2014 dated 25.07.2014 (Annexure A/3) after being recommended by the Departmental Promotion Committee. Applicant No. 2 got promoted to the post of O.T. Technician vide Office order No. 84/2008 dated 11.08.2008 (Annexure A/4) after being recommended by the Departmental Promotion Committee. Applicant No. 10 was appointed directly to the post of O.T. Technician and was allowed to join his duty w.e.f. 11.11.2010 vide Joining Order dated 10.11.2010 (Annexure A/5). Applicant No. 11 was promoted to the post of C.S.S.D. Technician vide office order No. 175/2014 dated 25.07.2014 (Annexure A/6) after being recommended by the Departmental Promotion Committee. Applicant No. 12, 13 & 14 were promoted to the post of C.S.S.D. Technician vide Office Order No. 206/2015 dated 15.07.2015 (Annexure A/7) after being recommended by the Departmental Promotion Committee. Applicant No. 15 was promoted to the post of C.S.S.D. Technician vide Office order No. 99/2016 dated 01.06.2016 (Annexure A/8) after being recommended by the Departmental Promotion Committee. In the ESIC Hospital, post of O.T. Technician and Post of CSSD Technician have identical service conditions as per Recruitment Rules and they are transferable from O.T. to C.S.S.D. and vice-versa. Therefore, they preferred an O.A. No. 201/812/2016 and this Tribunal allowed the said O.A. on 06.08.2018 (Annexure A/9). The order of this Tribunal was assailed by the respondents in Hon'ble High Court of M.P. by filing W.P. No. 24989/2018. However, the Division Bench of the Madhya Pradesh High Court rejected the application for interim relief vide order dated 05.12.2018 (Annexure A/10). However, despite the clear directions of this Tribunal respondents have not given the pay scale of Rs. 9300-34800 with Digitally signed by VISHAL KUSHWAH DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 4 of 8 VISHAL COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:

Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A.No. 201/00751/2019 Reserved grade pay of Rs. 4200 to the applicants on their promotion. They again preferred representations on 30.03.2019, jointly which are annexed as Annexure A/11. The respondents have rejected the representations of the applicant in May, 2019 (Annexure A/1) on the ground that ESIC Hqrs had fixed the pay scale of PB-1 5200-20200 with Grade Pay of 2400 for O.T./C.S.S.D. Technician. The Tribunal Vide O.A. No 201/812/2016 decided on 06.08.2018 has directed in their Para No. 18 as follows:
18. In the circumstances and for the aforesaid parity of reasons, we allow the OA. The respondents are directed to grant the applicants pay scale of 4000-6000 (corresponding pay scale 5200- 20200 + Grade Pay 2400/- in 6th CPC) from the respective date of their recruitment/promotion as O.T. Assistant. However, they are entitled for arrears with effect from the date of filing of the OA, i.e., on 05.08.2016 and without any interest thereon. This exercise shall be completed within two months from the date of receipt of a copy of this order. This order is subject to the result of the Writ Petition filed by the respondents against the orders of Principal Bench of the Tribunal dated 13.01.2004 in OA No.1464/2003 - Ashok Kumar & Others vs. Union of India and others and also the Writ Petition No.18/2015, filed against the orders dated 19.12.2013 in OA No.3227/2011 (Brham Pal & Others vs. Union of India and Others) and Writ Petitions No.8261/2016 and 8264/2016 filed against the orders dated 19.04.2016 in OA Nos.2995 & 2996/2014 (Dharambir Singh Ranga and Others vs. Director General, ESI Corporation and Others) and also after the applicants submit individual undertaking that they will refund the excess payment, if any, in the event of allowing the said Writ Petitions and will not claim any equities. No costs.
Digitally signed by VISHAL KUSHWAH DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 5 of 8

VISHAL COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:

Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A.No. 201/00751/2019 Reserved
3. The respondents have filed their reply wherein it has been submitted that in ESIC pay scale of Level-4 (revised pay scale of Rs.

5200-20200 with Grade Pay of Rs. 2400/- as per 6th CPC) has been granted to the O.T./C.S.S.D. Technicians in accordance with the recommendations of the 6th and 7th CPC as adopted by ESIC. This is as per the Recruitment Rules of ESIC. The Applicants were initially granted the Grade Pay of Rs. 2000/ but as per the judgment passed by this Tribunal in O.A. NO. 201/812/2016, a benefit of higher grade pay of 2400 has granted to them subject to the outcome of the W.P. pending in M.P. High Court. The ESIC medical institutions are much smaller in comparison to Central Government Hospitals and therefore, the matters applicable to Central Government Hospitals are not applicable to ESIC. Nursing orderly is the feeder post to many promotional posts i.e. Laboratory Assistant, CSSD/CSR Assistant and Plaster Assistant etc. These promotional posts have been placed in Grade pay of Rs. 2000 and grant of higher pay to Nursing Orderlies in one selected cadre will lead to unequal pay scales and will create administrative problems by disturbing the pay structure of the entire cadre. It is pertinent to mention that the Grade pay of 2400/- granted vide this Tribunal vide order in O.A. NO. 201/812/2016 has also been challenged by way of a W.P. which is pending before the M.P. High Court and hence the matter is sub-judice. The question of granting higher grade pay of 4200 to the applicants does not arise since they have been granted pay scale in compliance with the Tribunal's order which is pending for final adjudication before the Madhya Pradesh High Court.

4. We have heard the counsels for the parties and also perused the documents on record.

Digitally signed by VISHAL KUSHWAH DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 6 of 8

VISHAL COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:

Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A.No. 201/00751/2019 Reserved

5. We observe that the applicants have been granted higher Grade pay of 2400 instead of earlier grade pay of 2000 in terms of O.A. NO. 201/812/2016 dated 06.08.2018. This O.A. has been challenged by the respondents which is pending for decision before the MP High Court in W.P. No. 24989 of 2018 (Annexure A/10). The perusal of the order passed by this Tribunal in O.A./201/812/2016 makes it clear that it was subject to the W.P.s Nos. 18/2015, W.P. No. 8261/2016 and 8264/2016 and also the applicants were directed to submit an undertaking that they will refund the excess payment if any in the event of the W.P.s being allowed.

6. The Hon'ble Supreme Court in the matter of State of Madhya Pradesh through Principal Secretary & Ors. versus Seema Sharma while deciding Civil Appeal No. 3892 of 2022 relying on its own judgment in the matter of State of Madhya Pradesh & Ors. vs. Ramesh Chandra Bajpai (2009) 13 SCC 635 has held in its Para 18 & 23 as under:

"18. In Ramesh Chandra Bajpai (supra), this Court further held that it was well-settled that the doctrine of equal pay for equal work could only be invoked when the employees were similarly circumstanced in every way. Mere similarity of designation or similarity or quantum of work was not determinative of equality in the matter of pay scales. The Court had to consider all the relevant factors such as the mode of recruitment, qualifications for the post, the nature of work, the value of work, responsibilities involved and various other factors.
23. The fixation of scales of pay is a matter of policy, with which the Courts can only interfere in exceptional cases where there is discrimination between two sets of employees appointed by the Digitally signed by VISHAL KUSHWAH DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 7 of 8 VISHAL COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:
Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A.No. 201/00751/2019 Reserved same authority, in the same manner, where the eligibility criteria is the same and the duties are identical in every aspect."

7. Therefore, we are of the considered view that Pay Fixation is the prerogative of the Respondents department and the applicant's pay has been rightly fixed as per the extant rules.

8. Moreover, we further observe since the matter regarding grant of Grade Pay 2400/- is sub-judice before Hon'ble High Court of Madhya Pradesh, the question of grant of pay scale 9,300-34,800 (PB 2) with the G.P. 4200/- to the applicants does not arise.

9. Accordingly, the Original Application being devoid of any merits is dismissed. No order as to costs. 

   (MallikaArya)                                                           (Akhil Kumar Srivastava)
Administrative Member                                                          Judicial Member
VK/-




              Digitally signed by VISHAL KUSHWAH
              DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=                              Page 8 of 8
 VISHAL

COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce 7c669575555f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e8 7d4b355c7dc8, [email protected], CN=VISHAL KUSHWAH KUSHWAH Reason:

Location:
Date: 2025.04.21 12:35:53+05'30' Foxit PDF Reader Version: 2024.3.0