Central Administrative Tribunal - Ernakulam
R Jalaja vs The Secretary Ministry Of Labour And ... on 4 October, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application Nos.180/00160/2019 & 180/00101/2020
Friday, this the 4th day of October, 2024.
CORAM:
HON'BLE Mr. JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER
O.A.No.160/2019
1. R. Jalaja, Aged 46 years, W/o Raju, Assistant/Employees State
Insurance Corporation (ESIC) Model and Super-Speciality
Hospital/Asramam/Kollam-691 002 Residing at. "Jeena Dale"
Rose Nagar, Mangad P.O., Kollam.
2. A. Lekha, Aged 42 years, W/o Vijayan, Upper Division Clerk/
Employees State Insurance Corporation (ESIC) Model and Super-
Speciality Hospital/Asramam/Kollam-691 002 Residing at
"Panayavayalil Veedu", Punnathale, Thirumullavaram-691012.
3. Jacquiline Fernandez, Aged 49 years, W/o Cleetus, Upper Division
Clerk/ Employees State Insurance Corporation (ESIC) Model and
Super-Speciality Hospital/Asramam/Kollam-691 002 Residing at
ESIC Qr.No.02, Near ESIC Sub Regional Office, Asramam, Kollam.
- Applicants
[By Advocate : Smt.Kala T Gopi]
Versus
1. Union of India, represented by the Secretary to the Government of
India, Ministry of Labour and Employment, Sharam Shakthi Bhavan
New Delhi-110 002.
2. The Director General, Employees State Insurance Corporation
Panchdeep Bhavan, CIG Marg, New Delhi-110 002.
O.A Nos.160/2019 & 101/2020 2
3. The Regional Director, Employees State Insurance Corporation
Panchdeep Bhavan, North Swaraj Round, Thrissur-680 020.
4. The Joint Director (Med.) Employees State Insurance Corporation
Head Quarters, Panchdeep Bhavan, CIG Road, New Delhi-110 002.
5. The Medical Superintendent, Employees State Insurance
Corporation, Model and Super-Specialty Hospital, Asramam
Kollam-691 002
Addl.R6
Jyotish Kumar, S/o N. Gopakumar, Aged 31 years, Working as
Adhoc Assistant (regular Upper Division Clerk) in the Office of
Employees' State Insurance Corporation Kerala Region, (Under Sub-
Regional Office-Ernakulam), Resident of Flat No.12, Anugraha
Apartment, Pallisserry Road, Palarivattom-682025.
Addl.R6 is impleaded as per order dated 15-102019 in MA 952/2019.
- Respondents
[By Advocate : Sri.T.V.Ajayakumar for R2 to R5
Party-in-Person for Addl.R6]
O.A.No.101/2020
1. Lekha A, Aged 42 years, W/o Vijayan Upper Division Clerk/
Employees State Insurance Corporation (ESIC) Model and
Super-Speciality Hospital/ Asramam/Kollam-691 002 Residing at
"Panayavayalil Veedu", Punnathale, Thirumullavaram- 691012.
2. Jalaja R, Aged 46 years, W/o Raju, Assistant/Employees State
Insurance Corporation (ESIC) Model and Super-Speciality
Hospital /Asramam/Kollam-691 002 Residing at "Jeena Dale"
Rose Nagar, Mangad P.O., Kollam.
O.A Nos.160/2019 & 101/2020 3
3. Jacquiline Fernandez, Aged 49 years, W/o Cleetus, Upper Division
Clerk/ Employees State Insurance Corporation (ESIC) Model and
Super-Speciality Hospital/ Asramam/Kollam-691 002 Residing at
ESIC Qr.No.02, Near ESIC Sub Regional Office, Asramam, Kollam.
- Applicants
[By Advocate : Smt.Kala T Gopi]
Versus
1. Union of India, represented by the Secretary to the Government of
India, Ministry of Labour and Employment, Sharam Shakthi Bhavan,
New Delhi-110 002.
2. The Director General, Employees State Insurance Corporation,
Panchdeep Bhavan, CIG Marg, New Delhi-110 002.
3. The Regional Director, Employees State Insurance Corporation,
Panchdeep Bhavan, North Swaraj Round, Thrissur-680 020.
4. The Deputy Director(ADM), Employees State Insurance
Corporation, Panchdeep Bhavan, North Swaraj Round
Thrissur-680 020
5. The Medical Superintendent, Employees State Insurance
Corporation, Model and Super-Specialty Hospital, Asramam
Kollam-691 002
- Respondents
[By Advocates : Sri.Anil Ravi, ACGSC for R1
Sri.T.V.Ajayakumar for R2 to R5]
These applications having been heard on 12.09.2024, the Tribunal
on 04.10.2024 passed the following:
O.A Nos.160/2019 & 101/2020 4
COMMON ORDER
Justice K.Haripal Original Applicants, three in number, in both these Original Applications are one and the same. Respondents are also the same, except the 4th respondent in O.A.101/2020, Deputy Director, Thrissur and the 4th respondent in O.A.160/2019, Joint Director (Med), New Delhi. Similarly, one Jyotish Kumar had got himself impleaded as the additional 6th respondent in O.A.160/2019 and opposed the prayers in the O.A.
2. All the Original Applicants were borne in the service of the Insurance Medical Service Department of the State of Kerala and were absorbed as LDCs in the Employees State Insurance Corporation Hospital, ESIC hospital for short, in Asramam, Kollam District. In 2003 as part of implementation of the policy decision of the Central Government, ESI Corporation established under the Employees State Insurance Corporation Act, 1948, took decision to establish atleast one model hospital in each State; thus Asramam hospital in Kollam district was taken over by them. The applicants and similarly placed employees were O.A Nos.160/2019 & 101/2020 5 initially taken on deputation and thereafter from 01.01.2006 were absorbed in the service of the ESIC. Later, the date of absorption was advanced to 01.01.2003.
3. At that time, there was only one hospital under the ESIC in Kerala; later more hospitals were taken over to its fold by the Corporation. Thus, three more hospitals were taken over by the ESIC. The Udyogamandal hospital was taken over on 02.11.2009, Ezhukone hospital was annexed to their institution on 16.04.2010 and Paripally hospital was taken over on 20.04.2010. Initially, as ESIC had only one hospital at Asramam, seniority and promotion of the employees were decided on institution basis, as opted by them. Otherwise, they would have been included on national seniority basis. Naturally, persons recruited in the State service never wanted to go out of the State and thus the applicants opted to continue in institution seniority. They have also stated that when more hospitals were added to the Corporation, as per clause 4 of the Annexure-A1 terms of absorption, was bound to safeguard the seniority of the applicants or similarly placed persons from O.A Nos.160/2019 & 101/2020 6 the date of their absorption or from the date they had joined the equivalent post in the State service. Clause 4 of Annexure-A1 reads thus:
"4. Seniority of an employee absorbed in the Corporation will be determined either from the date from which one holds the post on deputation or from the date one holds the post in equivalent grade on regular basis in the State Govt. service, whichever is earlier. Seniority of two or more State Govt. employees absorbed in the Corporation service would however, be fixed as per the seniority existing in the State Govt. prior to their absorption. .........................."
4. Thus the applicants wanted to say that they are entitled to be given protection to their seniority atleast from the date they were absorbed in the Corporation service, that in on 01.01.2003, or from the date they were appointed in the State Government service, whichever is earlier. Such representations were not considered and that was how cause of action has arisen for them to approach this Tribunal.
5. After the acquisition of more hospitals to the credit of the Corporation, the number of employees swelled and thus the Corporation decided to recruit fresh hands from open market and then arose the O.A Nos.160/2019 & 101/2020 7 question of integrating the seniority between the absorbees and the direct recruits. According to the applicants, the respondents have started granting promotions to such direct recruits who are their juniors, ignoring the seniority of the applicants and that made them to approach this Tribunal with O.A.160/2019 seeking the reliefs to declare that the non- feasance on the part of the 3rd respondent to prepare combined seniority list as directed in Annexure-A7 in terms of paragraph 4 of Annexure-A1 before issuing orders of promotion is arbitrary, discriminatory, contrary to law and unconstitutional, to direct the respondents to forthwith publish seniority list of absorbed employees of the hospital at Asramam and those who were already borne in the State seniority list with due intimation to all concerned and direct further to grant all the consequential benefits arising therefrom and to direct the respondents to assign the applicants' seniority in the absorbed cadre, in terms of paragraph 4 of Annexure-A1 and direct further to grant all the consequential benefits arising therefrom as if the applicants were borne in the State(Regional) seniority list right from the date of their initial O.A Nos.160/2019 & 101/2020 8 absorption in the ESIC.
6. The 1st respondent, who is a formal party, did not file any reply. Respondents 2 to 5 in their reply statement have challenged the very maintainability of the O.A. According to them, the O.A. is bad for non-joinder of necessary parties, if the prayers are allowed, it will prejudicially affect number of other officers who are not made parties in the O.A. Therefore, they pray for dismissing the O.A. at the threshold for want of necessary parties in the O.A.
7. According to them, when the institutional seniority was made applicable in the case of the applicants, they were given option for separate institutional seniority which means seniority only in a particular institution, that is ESIC hospital, Asramam, which was approved with effect from 01.01.2006, which was later advanced to 01.01.2003.
8. According to the respondents, the system of following institutional seniority was a temporary one, which was in deviation to the existing instructions, whereby ministerial staff of the hospitals would be O.A Nos.160/2019 & 101/2020 9 borne in the cadre of Regional Office. In view of the specific situation in ESIC hospital, Asramam, certain decision has been taken in consultation with the Medical Commissioner and Financial Commissioner. After referring to the institutional seniority given to the absorbed employees, Joint Director had directed that this arrangement will continue till the absorbed employees are available to fill up the vacant posts created by the absorbed employees. Once, a situation arises when there is nobody available to fill up the vacant post from amongst the absorbed employees, such posts will be transferred to regional cadre and official from the regional cadre will be promoted/posted by the Regional Director thereafter. It is further stated that if an LDC post falls vacant, and it pertains to direct recruitment quota, the same will be filled up by the Regional Director and such LDC will be borne in the regional cadre. It is further stated that 'thus over a period of time, the cadre is proposed to be merged in the regional cadre'.
9. Referring to Annexure-A7 communication dated 15.10.2018 it is submitted that the ESIC Headquarters issued orders replacing O.A Nos.160/2019 & 101/2020 10 institutional seniority with State seniority. That was important because in the place of one hospital in Asramam, multiple hospitals were established in Kerala itself and thus institutional seniority has lost its relevance. On that basis, after Annexure-A7, it is confided that, the respondents ought to have issued a combined seniority list of employees but due to administrative exigencies that became not possible. So, it is stated that on the basis of Annexure-A7, within three months of disposal of the O.A., a final list will be published.
10. Meanwhile, referring to Annexure-R2(c) it is stated that seniority list including the applicants, has already been issued.
11. The respondents have also attempted to say that the applicants are in fortuitous circumstances. They have enjoyed all the benefits of institutional seniority. They got numerous promotions, without suffering any transfer; citing instances of certain employees recruited in the ESIC as LDC, they said that they took much longer time to reach the post of Superintendent whereas persons belonging to the O.A Nos.160/2019 & 101/2020 11 absorbed category are in a much advantageous position.
12. Referring to the contentions of the applicants that they are insisting on paragraph 4 of Annexure-A1 vis-a-vis, implementation of Annexure-A7 order, according to the respondents, the argument is self contradictory.
13. Referring to the claim for finalising the seniority with effect from the date of absorption on 01.01.2003, according to the respondents, that would cause considerable hardship to the other category of employees, seniority settled long ago cannot be unsettled after long lapse of time and promotions effected earlier cannot be interfered with. So, according to the respondents, the O.A. is liable to be dismissed.
14. In fact, O.A.101/2020 moved by the applicants is the tail piece of the O.A.160/2019. In O.A.160/2019 this Tribunal had passed an order on 19.03.2019 whereunder the 3rd respondent was directed not to issue any further order of promotion from the cadre of Assistant to UDC O.A Nos.160/2019 & 101/2020 12 before the question of State Seniority List is finalised. Alleging that the respondents have acted in violation of the same, they moved separate O.A.s seeking somewhat the same relief. In this O.A., they seek to call for the records of Annexures-A1 to A3 and quash the same, seek a declaration that the non-feasance on the part of the 3 rd respondent to prepare combined seniority list as directed in the said order in terms of paragraph 4 of Annexure-A1 before issuing orders of promotion is arbitrary, discriminatory, contrary to law and unconstitutional, to direct the respondents to publish the seniority list of absorbed employees of the ESIC hospital of Asramam and those who were already borne in the seniority list, direct the respondents to assign the applicants' seniority in the absorbed cadre.
15. We heard Smt.Kala T Gopi, learned counsel for the applicants and Sri.T.V.Ajayakumar, learned Standing Counsel for the ESI Corporation in detail.
16. The facts of the case are not in dispute. As indicated earlier, O.A Nos.160/2019 & 101/2020 13 the applicants were borne in the cadre of State Insurance Medical Service Department. While they were working in the ministerial cadre of Asramam hospital, the hospital was taken over by the ESIC as part of policy to implement a national plan for taking over atleast one hospital in each State and to develop it as model hospital. Thus the hospital was taken over on 01.01.2003. The applicants and other employees were initially taken on deputation. Later, they were absorbed in ESIC service initially with effect from 01.01.2006, which date was later advanced to 01.01.2003. They had the option either to continue in institutional seniority or to opt for the national seniority. At that time, since Asramam hospital was the sole unit in Kerala, naturally, the applicants sought to continue in institutional seniority.
17. From various documents and the contentions raised by the parties, it is very clear that institutional seniority was a stop-gap arrangement. This is evident from Annexure-A6 communication dated 16.07.2009. Even otherwise, as observed earlier, initially, the Asramam hospital was the sole unit in Kerala. Later, during 2010-2011 three more O.A Nos.160/2019 & 101/2020 14 hospitals were taken over and thus the need for expanding the service became inevitable. In Annexure-A6, the following decisions have been communicated to the Medical Superintendent and the Regional Director:
"1. The Ministerial staff who have opted for the institutional seniority in ESI Hospital, Kollam, will be allowed to continue with the institutional seniority as per the terms and conditions of their absorption.
2. Their cadre will be isolated from the other Gr.'C' & 'D' cadres of the region and their promotions will be granted only against the vacancies that may arise from among such absorbed employees who have opted for institutional seniority.
3. Their seniority etc. will be maintained by the M.S. who will take care of the promotions, ACP and other cadre management aspects and will act as Appointing/ Disciplinary Authority in terms of the Fifth schedule of the ESIC (Staff & Service Conditions of service), Regulations, 1959.
4. This arrangement will continue till the absorbed employees are available to fill the vacant post created by absorbed employee. Once, there is nobody available to fill the vacant posts from amongst these absorbed employees, such posts will be transferred to the Regional Cadre and officials from the Regional Cadre will be promoted/ posted by the RD, thereafter. If an LDC's O.A Nos.160/2019 & 101/2020 15 post falls vacant and it pertains to DR quota, the same will be filled by the RD and such LDC will be borne in the Regional Cadre. Thus, over a period of time, the cadre is proposed to be merged in the Regional Cadre. Any deficiency existing at present against the sanctioned strength pertaining to Ministerial staff in respect of ESTH, Kollam, the same would be made up by the RD after including these posts in the Regional Office cadre."
18. From the above, it is very clear that till a Regional Cadre or State Cadre is established in full swing, institutional seniority could be maintained simply as a stop-gap arrangement. Institutional seniority was never intended to be a permanent measure. So, the applicants continued in institutional seniority. At the time of absorption in the ESIC all the three were LDCs. Later, all of them were promoted as UDCs and now it has come out that all of them are working in the cadre of Assistants, getting due promotion.
19. Annexure-A7 dated 15.10.2018 was issued from ESIC; it reads thus:
"It is informed that in initial phases of implementing expansion plans to setup one hospital in each state, ESIC took O.A Nos.160/2019 & 101/2020 16 over few ESIC Hospitals and state govt. employees working therein were absorbed. Since, there was only one hospital established in each state, the absorbed Administrative/Ministerial staff were provided with choice of either Institutional Seniority or All India Seniority. Subsequently, multiple hospitals were taken over / established in several States and in this process the Institutional seniority lost its sanctity as ESIC maintains state-wise regional cadre for administrative/Ministerial staff. Therefore, the Institutional Seniority was replaced with State Seniority in the "Terms of Absorption" of hospitals taken over after the year 2006. The Institutional Seniority remained with a limited number of absorbed Administrative / Ministerial staff taken over before 2006. The same was obstructing the principle of uniformity and equality in the organisation, simultaneously restricting the promotional avenues of absorbed staff. Moreover, even in State Govt. service, the absorbed employees were liable to be posted in any medical institution within the state.
In view of the above, the Corporation in its 175 th meeting, has approved to place all the absorbed staff (administrative/ministerial side) in state seniority of respective States who were previously been placed in institutional seniority in different units.
In accordance with the above decision, it is requested to take O.A Nos.160/2019 & 101/2020 17 proactive measures to maintain the seniority of administrative/Ministerial staff under your jurisdiction in the light of the above decision of the Corporation. Further, in case any representations are received from any of the absorbed Administrative/Ministerial staff to still consider them in institutional seniority, the Corporation shall have no objection for their repatriation to their parent state cadre, if the respective state government permits so. Remaining employees in question with ESIC are to be placed in state seniority, till they are promoted to the cadres placed in All India Seniority."
20. That means, an integration has taken place by course of time, which necessitated the formulation of a combined seniority list. From the discussion above, it is clear that at present there are two sources of appointment in the same cadre, first is those who were borne in the State Cadre and then absorbed in the ESIC, Asramam from 01.01.2003 onwards. They continued in the institutional seniority and obtained promotions. Meanwhile, the Regional Cadre was established, other hospitals were also established and thus integration of those who were borne in two different cadres became necessary. In this context, the O.A Nos.160/2019 & 101/2020 18 learned counsel for the applicants has taken us to the decision of the Hon'ble Supreme Court in Om Prakash Sharma and others v. Union of India and others [AIR 1985 SC 1276]. We have no doubt that such an integrated combined seniority, in the light of the developments, is inevitable.
21. In the reply statement also, the respondents have admitted the necessity of making a combined seniority list. But according to them, it has been delayed due to administrative reasons and they offered to bring out a combined seniority list within a stipulated period of time.
22. We are not expected to probe into the comparative merit or prospects of employees drawn from two services, the absorbees as well as direct recruitees. Here, the demand of the applicant is simplicitor that, after the passing of Annexure-A7 order dated 15.10.2018 an integrated seniority list was not issued. Even at the time of argument, learned counsel for the applicants stuck to this position. According to her, once such a combined seniority list is issued, she would withdraw both the O.A.s. On the other hand, according to the learned Standing O.A Nos.160/2019 & 101/2020 19 Counsel, a combined list is already in place, Annexures-R2(d), R2(e), R2(f), R2(g) and Annexure-A22 in O.A.160/2019. He also pointed out that, Annexure-A7 is not under challenge, that competency of the respondents in replacing Annexure-A1 with Annexure-A7 has not been called in question.
23. Incidentally, it must be pointed out that the very relief on non-issuance of a combined seniority list as directed in Annexure-A7 in terms of paragraph 4 of Annexure-A1 seems to be self contradictory. Annexure-A1 was issued at a time when the hospital at Asramam was the sole unit under the ESIC. Later, in course of time, Regional/State lists came into force and then Annexure-A7 was introduced whereunder terms of absorption envisaged in Annexue-A1 were completely replaced. That means, it is idle to issue a combined seniority list in terms of Annexue-A1.
24. Whatever it may be, respondents were very much conscious of issuing combined seniority list after the issue of Annexure-A7. In the O.A Nos.160/2019 & 101/2020 20 reply statement filed on 07.08.2019 also they had said that they would issue a combined seniority list. But, finally, on applicants' own showing, Annexure-A21 shows that such a final seniority list has already been issued on 22.07.2021 after publishing a draft seniority list of Upper Division Clerks in Kerala Region. The final list was published after considering the objection received against the seniority list. Thus Annexure-A21 has been issued. The respondents have filed copies of the final seniority list in the additional reply filed in O.A.101/2020 also. These lists have been published based on Annexure-A7 and rejecting the objections raised by the applicants. The applicants have not challenged these seniority lists. It appears that the applicants 2 and 3 were promoted as Assistants on the basis of such a final list. Therefore, based on the final seniority list already published, the reliefs claimed in the O.A.s have become infructuous and both the O.A.s are dismissed.
25. The arguments touching non-joinder of necessary parties has no substance. As rightly pointed out by the learned counsel for the applicants, the grievance of the applicants is the delay in publicising a O.A Nos.160/2019 & 101/2020 21 final seniority list compiling the lists of officers drawn from different sources. The respective position of the applicants as well as others borne in the direct recruitment cadre are not under challenge. This aspect has been considered by the Hon'ble High Court in Employees State Insurance Corporation v. Sushama N. [2020 (4) ILR Ker.771] also. Based on the dictum in Vishal Ashok Thorat and others v. Rajesh Shrirambapu Fate and others [AIR 2019 SC 3616] the High Court rejected the argument. Here, seniority is not claimed against any individual in particular, but the applicants are aggrieved by the non-publication of an integrated list. Therefore, there is no substance in the contention that the O.A. is bad for non-joinder of necessary parties.
26. Arguments were also raised based on the decision in Sushama, quoted supra, a copy of that judgment is available before us as Annexure-A19, which was rendered in the OP(CAT) filed against Annexure-A18 order. It is evident from this order and Annexure-A19 that when Annexure-A18 was rendered on 28.11.2019 Annexure-A7 was not brought to the notice of the Tribunal. In other words, the question O.A Nos.160/2019 & 101/2020 22 considered was whether such absorbees were entitled to get seniority from the date of their appointment in the parent cadre. It also appears that even though the SLP filed by the ESIC stands dismissed, SLPs filed by the party respondents are pending before the Hon'ble Supreme Court.
Both the Original Applications are dismissed. No costs.
(Dated this the 4th October, 2024.)
V.RAMA MATHEW JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ds
O.A Nos.160/2019 & 101/2020 23
List of Annexures
O.A.No.160/2019
Annexure-A1 A true copy of the terms and conditions as circulated by
the respondents
Annexure-A2 A true copy of Circular bearing No.542/A/45/12(1)/06
(ADM) dated 24.03.2006 issued by the 4th respondent Annexure-A3 A true extract of the letter bearing No.U-11/11/ Asramam/2005-Med.IV dated 01.12.2006 issued by the 4th respondent Annexure-A4 True copy of order bearing No. G.O (Rt.)No.1664/2007/ LBR dated 01.06.2007 Annexure-A5 True copy of seniority list of the LDCs as on 01.03.08 issued by the 5th respondent Annexure-A6 True copy of communication bearing no A-33/11/1/ 2007-Estt.II dated 16.07.2009 issued by the 4th respondent Annexure-A7 True copy of order bearing No.A- 11/12/15/2014/ Vidhi/Jaipur/Med.VI(Integration Cell) dated 15.10.2018 Annexure A8 True copy of representation dated 29.11.2018, submitted by the 2nd applicant to the 3rd respondent Annexure A9 True copy of representation dated 03.12.2018, submitted by the 2nd applicant to the 3rd respondent O.A Nos.160/2019 & 101/2020 24 Annexure A10 True copy of representation dated 10.01.2019, submitted by the 3rd applicant to the 3rd respondent Annexure A11 True copy of letter bearing no. 54.A.12/12/1/2010 dated 09.01.2019, issued by the 3rd respondent seeking clarification from the 2nd respondent Annexure A12 series True copies of representations dated 29.01.2019, submitted to the 3rd respondent.
Annexure A13 True copy of representation dated 13.02.2019 submitted by the 3rd applicant to the 3rd respondent Annexure A14 series True copies of the orders dated 09.11.2018, 03.12.2018, 01.01.2019, 01.02.2019, 01.02.2019, 01.03.2019 and 01.03.2019 issued from the office of the 3rd respondent.
Annexure A15 A true copy of the order in O.A No.1175/2013 dated 26.2.2015.
Annexure A16 A true copy of judgment of Hon'ble High Court of Kerala in OP(CAT) 146 of 2015.
Annexure A17 A true copy judgment by the Hon'ble Supreme Court in Civil Appeal Nos. 207 and 208 of 2017.
O.A Nos.160/2019 & 101/2020 25Annexure A18 A true copy of order in O.A 369/2018 dated 28-11-2019 issued by this Hon'ble Tribunal.
Annexure A19 A true copy of judgment in OP(CAT) no 17 of 2020 by the Hon'ble High Court of Kerala dated 5.11.2020 Annexure A20 A true copy of the relevant pages of the consolidated seniority list of Upper Division Clerks as on 31.03.2012 Issued by the Deputy Director(ADM).
Annexure-A21 True copy of the Memorandum bearing No.54.A.24/14/ 6/21 dated 22.07.2021, issued from the office of the third respondent.
Annexure-A22 True copy of the Memorandum bearing No.54.A.24/14/ 5/2021 dated 27.10.2021, issued from the office of the third respondent.
Annexure R2(a) True copy of the letter dated 13-2-2019 of the Regional Director to the ESIC Headquarters.
Annexure R2(b) True copy of the letter dated 5-7-2013 of the Dy.Director(Admn), ESIC Model Hospital, Asramam to the Regional Director.
Annexure R2(c) True copy of the seniority list of Assistant and UDC (absorbed ministerial staff) Annexure R2(d) True copy of the relevant extract of consolidated seniority list of UDCs.
Annexure MA1 Copy of Promotion Office Order No 70 of 2019 dated 01.03.2019 O.A Nos.160/2019 & 101/2020 26 Annexure MA2 Copy of UDC seniority list Kerala region (covering letter, pages 1,11,12&18) Annexure MA3 Copy of retirement list for Kerala region for year 2019 Annexure MA4 Letter from Regional Director, ESIC Kerala, stating stay of promotions.
Annexure MA5 Copy of Central Administrative Tribunal order dated
19.03.2019 in Ο.Α 180/00160/2019 of 2019
Annexure MA6 Seniority List of UDCs for 2018
O.A.No.101/2020
Annexure A1 A true copy of Order No.54.A.24/14/6/2020. Admn.
dated 30.01.2020 issued by third respondent.
Annexure A2 A true copy of Seniority list as circulated by the Respondents Annexure A3 A true copy of Order No.54-A.22.15.10.2018. Admn.
dated 05.02.2020.
Annexure A4 Certain terms and conditions circulated by the respondents Annexurre A5 A true copy of circular bearing No.542/A/45/12(1)/ 06(ADM) dated 24.03.2006, a true copy of which issued by the fourth respondent O.A Nos.160/2019 & 101/2020 27 Annexure A6 A true copy of the Order communicating the above decision bearing No.A-11/12/15/2014/ Vidhi/ Jaipur/ Med.VI (Integration Cell) dated 15.10.2018 Annexure A7 A true copy Interim order dated 19.3.2019 in OA No.180/160/2019 rendered by the Hon'ble Tribunal Annexure A8 A true copy of Order bearing No. Z-17/12/1/2007-EI dated 4.12.2019 Annexure A9 A true copy of the draft seniority list in respect of Upper Division Clerks Kerala Region for the recruitment years 2013-2018 as per Memorandum No.54.A.24/14/ 6/17. Admn. Dated 6.1.2020 Annexure A10 A true copy of 1st Applicants Representation dated 7.1.2020 Annexure A11 A true copy of 2nd Applicants representation dated 7.1.2020 Annexure A12 A true copy of 3rd Applicants representation dated 7.1.2020 Annexure R2(a) True copy of the memorandum dated 1-9-2016 along with relevant extract of seniority list of UDCs. Annexure R2(b) True copy of the letter dated 16-7-2019 of the ESIC Headquarters.
Annexure R2(c) True copy of the letter dated 2-8-2019 of the ESIC Headquarters.
O.A Nos.160/2019 & 101/2020 28Annexure R2(d) True copy of the relevant extract of seniority list of UDCs issued by the 4th respondent vide Memorandum dated 25-6-2021.
Annexure R2(e) True copy of the relevant extract of seniority list of UDCs issued by the 4th respondent vide Memorandum dated 22-7-2021.
Annexure R2(f) True copy of the office order No.218 of 2021 dated 26- 7-2021 issued by the 4th respondent.
Annexure R2(g) True copy of the relevant extract of revised final consolidated seniority list of UD Clerks issued by the 4th respondent vide memorandum No.54- A.24/14/6/2021 dated 13-9-2023.
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