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Central Administrative Tribunal - Chandigarh

Jyoti vs Employees State Insurance Corporation on 2 July, 2018

Author: P. Gopinath

Bench: P. Gopinath

                                   1
                                              (OA No. 060/00589/2018)


             CENTRAL ADMINISTRATIVE TRIBUNAL
                   CHANDIGARH BENCH
                            ...

         ORIGINAL APPLICATION N0. 060/00589/2018

         Chandigarh, this the 2nd day of July, 2018
                             ...
CORAM: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J) &
         HON'BLE MRS. P. GOPINATH, MEMBER (A)
                              ...
  1. 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.
  2. 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.
                                                   ....APPLICANTs
(Argued by: Ms. Priyanka Walia, Advocate)

                               VERSUS

   1. Union of India through its Secretary, Ministry of Health and
           Family Welfare, Nirman Bhawan, New Delhi 110001.
  2. Director General Health Services (DGHS), Nirman Bhawan,
        New Delhi.
  3. Secretary, Ministry of Finance, Department of Expenditure,
        North Block, New Delhi. 110001.
  4. Director General E.S.I. Corportion, Panchdeep Bhawan, Kotla
        Road, New Delhi-110002.
  5. Medical Superintendent, E.S.I.C. Model Hospital, Ram
        Darbar, Chandigarh-160002.
                                                 ....RESPONDENTS

                            ORDER (Oral)

SANJEEV KAUSHIK, MEMBER (J) The present Original Application (O.A.) has been filed, by the applicants seeking the following reliefs:-

"i. Allow this O.A. and direct the respondents to recognize the Applicants as Other Technician (S.No. XXIL Clause (a) 2 (OA No. 060/00589/2018) Annex A-5 entitled to revised scale of Rs. 4000-6000/- w.e.f. 1.1.96 vide notification dated 30.09.1997. ii. To grant Grade Pay of Rs. 2400, & Pay Band I of Rs. 5200-20,200/-+ Rs. 2400 being the replacement scale of pay scale of Rs. 4000-6000 under 6th CPC.
iii. The respondent may further be directed to do the needful and also release the arrears as the Hon'ble Court may deem fit in the interest of justice, with all consequential and notional benefits.
iv. The filing of certified copies of Annexure A1 to A-9 and typed copies of Annexures may kindly be exempted."

2. Ms. Priyanka Walia, learned counsel appearing for the applicants very fairly submitted that this O.A. can be disposed of in limine by directing the respondents to decide the pending representation (Annexure A-2 colly) wherein the applicants have made prayer for redressal of their grievance based upon various judicial pronouncements for grant of benefits. She also pointed out that this Court has decided O.A. NO. 60/254/2018- Harpreet Singh & Ors. Vs. Union of India & Ors. on 17.2.2018 by directing the respondents to decide the pending representation wherein also similar relief has been claimed. She made a statement at the Bar that this O.A. be disposed of in similar manner.

3. Considering the short prayer made in the O.A., coupled with the fact, that the representations of the applicants have not been decided by the respondents till date, we dispose of this O.A. in limine with a direction to them to consider and decide the indicated representations of the applicants by passing a reasoned and speaking order thereon within a period of 2 months from the 3 (OA No. 060/00589/2018) date of receipt of certified copy of this order. The order so passed be communicated to the applicants.

4. The disposal of O.A. may not be construed as an expression of any opinion on the merits of the case.

 (P. GOPINATH)                                 (SANJEEV KAUSHIK)
   MEMBER (A)                                        MEMBER (J)

                                                Dated: 02.07.2018
`SK'
 4
    (OA No. 060/00589/2018)