Central Administrative Tribunal - Kolkata
Dr Bijita Dutta vs Employees State Insurance Corporation ... on 28 April, 2023
a CENTRAL ADMINISTRATIVE TRIBUNAL 1 o.a. 556 of 23 KOLKATA BENCH KOLKATA 0.A. 350/556/2023 Date of order: 28.04.2023 present :Hon'ble Mr. Anindo Majumdar, Administrative Member Dr. Bijita Dutta, wife of Anirban Dutta, aged about . AQ years, presently serving as Assistant Professor or Pathology, Department of Pathology, ESI- PGIMSR & ESIC Medical College & ESIC Hospital Joka, presently residing at S-1/55, Acharya Prafulla Nagar, Sonarpur, Kolkata- 700150. Email- bijitadutta123 @gmail.com. Mob: 8910626147. ssccanee Applicant. -versus- 1. The Union of India, service through the' Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi, © Pin- 110001. "2. The Director -- General, Employees' State Insurance Corporation, | Panchdeep Bhawan, . Comrade Indrajeet Gupta (CIG) Marg, New | Delhi- 110002. | : 3. The Medical Commissioner, (Medical Administration), Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi- 110002. 4, The Additional Director, Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade -Indrajeet' Gupta (CIG) Marg, New Delhi- 110002. "5. The Dean in Charge, ESI-PGIMSR, ESIC Medical _ College and ESIC Hospital & ODC(EZ), Diamond Harbour Road, P.O. Joka, Kolkata- 700104. seseneones Respondents 2 0.a. 556 of 23 For the Applicant : Mr. B. Nandy, Counsel For the Respondents : None ORDER (Oral)
Per Mr. Anindo Majumdar, AM:
This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved and this matter is taken up for disposal.
2. Heard Id. Counsel for applicant.
3. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:
"(a) An order do issue directing thereby the concerned respondent authorities to immediately accord promotion to the applicant to the post of Associate Professor (Pathology), w.e.f. 26.05.2021, when the applicant completed her regular service of 5 years as Assistant Professur.
(b) An order do issue directing thereby the concerned Respondent Authorities to consequentially restore the seniority of the applicant upon promoting her to the said post of Asseciate Professor (Pathology), w.e.f. 26.05.2021.
(c) An order do issue directing the concerned respondent authorities to transmit all the records before this Hon'ble Tribunal in the ends of justice so that any adverse order/orders may be judicially reviewed and quashed by this Hon'ble Tribunal which affects the entitlement of the petitioner for being promoted to the post of Associate Professor.
(d) Any other appropriate order/orders direction/directions as this Hon'ble Tribunal may deem fit and proper to protect the right of the applicants."
4. td. Counsel for applicant would submit that the applicant had submitted representation/application dated 15.02.2023 (Annexure A-4) to the Director General, Employees State Insurance Corporation praying for consideration of review of the decision of DPC for the post Associate Professor in the department of Pathology under DACP Scheme. But til] date no action has been taken by the respondent authority.
3 o.a. 556 of 23
5. After arguing some time, Id. Counsel for applicant would submit that he will be satisfied if an appropriate direction be issued to the respondent authorities to consider and decide the pending representation/application of the applicant in a time bound manner.
6. Since no fruitful purpose would be served in calling for a reply in this matter unless the representation is suitably decided by the respondent authorities, | propose to dispose of the OA at the admission stage itself.
7. Accordingly, | direct the Director General, ESIC or any other competent respondent authority to consider the representation of the applicant and pass a reasoned and speaking order on the same as per law and extant rules within a period of 6 weeks from the date of receipt of copy of this order and communicate the decision to the applicant forthwith.
8. It is made clear that | have not entered into the merits of this matter and therefore, all points are kept open for consideration.
9. The present OA accordingly stands disposed or. No costs. (Anindo Mdjumdar) Member (A) pd