Central Administrative Tribunal - Ernakulam
M Jameela vs Employees State Insurance Corporation on 8 March, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00174/2015,
Original Application No.180/01058/2013,
Original Application No.180/00291/2015,
Original Application No.180/00312/2017,
Original Application No.180/00337/2018,
Original Application No.180/00349/2018,
Original Application No.180/00325/2018,
Original Application No.180/00520/2018
&
Original Application No.180/00518/2018
Wednesday, this the 8th day of March 2023
CORAM:
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
Original Application No.180/00174/2015
1. P.Sarojini, (DEAD)
Aged 68 years,
W/o.C.V.Purushothaman,
Retired Superintendent,
Regional Office, ESI Corporation,
Thrissur - 680 020.
Residing at Chithra,
Chonkulangara House,
Ayyanthole, Thrissur - 680 003.
2. C.V.Purushothaman,
Aged 77 years,
S/o.late C.C.Velayudhan,
Retired Superintendent,
Regional Office, ESI Corporation,
Thrissur - 680 020.
Residing at Chithra,
Chonkulangara House,
Ayyanthole, Thrissur - 680 033. ...Applicants
(By Advocate Mr.R.Sreeraj)
versus
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1. The Director General,
Head Quarters Office,
ESI Corporation, Panchdeep Bhavan,
CIG Road, New Delhi - 110 002.
2. The Regional Director,
Regional Office (Kerala),
ESI Corporation, Panchdeep Bhavan,
N.S.Round, Thrissur - 680 020.
3. Union of India
represented by its Secretary to the Government of India,
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training,
New Delhi - 110 001. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-2]
& Mr.Thomas Mathew Nellimoottil, Sr.PC [R3])
Original Application No.180/01058/2013
1. L.Asokakumar,
S/o.M.Lakshmanan,
Aged 61 years,
last employed as Office Superintendent
in the office of the Director,
Employees State Insurance Corporation,
Sub Regional Office, Kollam.
Residing at Asokaprasannam,
41A Navajyothi Nagar, Kadappakada P.O.,
Kollam - 691 008.
2. N.Sasidharan,
S/o.K.Nanoo,
Aged 63 years,
last employed as Manager Grade II
in the office of Kollam Branch,
of Employees State Insurance Corporation, Kollam.
Residing at Lakshmi, 31B Aradhana Nagar,
Uliyakovil P.O., Kollam - 691 919. ...Applicants
(By Advocate Mr.Asok.M.Cherian)
versus
1. The Employees' State Insurance Corporation,
represented by its Director General,
Headquarters' Office, Panchdeep Bhavan,0
CIG Marg, New Delhi - 110 002.
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2. The Regional Director,
Regional Office (Kerala),
Employees' State Insurance Corporation,
Panchdeep Bhavan, Round North,
Thrissur - 680 020.
3. The Director,
Sub Regional Office (Kollam),
Employees' State Insurance Corporation,
St.Thomas Shopping Complex, Cross Junction,
Q-S Road, Kollam - 691 001.
4. Union of India represented by the Director,
Department of Expenditure and Implementation Cell,
Ministry of Finance, Government of India, New Delhi.
5. Under Secretary to Government of India,
Department of Personnel & Training,
Ministry of Personnel, P.G. And Pensions,
2nd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi - 110 003. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-3]
& Mr.P.G.Jayan, ACGSC [R5])
Original Application No.180/00291/2015
A.Radha,
Aged 61 years,
W/o.Krishnanandan,
Retired Superintendent,
ESIC, Regional Office, Thrissur.
Residing at Sree Gokulam,
Museum Cross Lane, 10th Street,
Chembukkavu, Thrissur - 20. ...Applicant
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
Head Quarters Office,
ESI Corporation, Panchdeep Bhavan,
CIG Road, New Delhi - 110 002.
2. The Regional Director,
Regional Office (Kerala),
ESI Corporation, Panchdeep Bhavan,
N.S.Round, Thrissur - 680 020.
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3. Union of India
represented by its Secretary to the Government of India,
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training,
New Delhi - 110 001. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-2]
& Mrs.Mini.R.Menon, ACGSC [R3])
Original Application No.180/00312/2017
Asokan Karimbilankandiyil,
S/o.late Gopalan,
Aged 60 years,
Retired Branch Manager Grade II,
ESIC, Kannur.
Residing at Pratheeksha House,
Vellikulangara, P.O.Orkkatteri,
Via Vatakara, Kerala - 673 501. ...Applicant
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
ESI Corporation, Panchdeep Bhavan,
HQ Office, CIG Marg, New Delhi - 110 002.
2. The Director, ESI Corporation,
Regional Office, Thrissur - 680 503.
3. The Deputy Director (Administration),
ESI Corporation, Sub Regional Office,
Kozhikode - 673 002. ...Respondents
(By Advocate Mr.T.V.Ajayakumar)
Original Application No.180/00337/2018
1. M.Jameela,
W/o.A.Mohammed Iqbal,
Aged 64 years,
Retired SSO/Superintendent,
Regional Office (Kerala),
ESIC, Thrissur.
Residing at Koola Veedu,
House No.TMC 19/1072,
Dreams Gardens, Ollukkara P.O.,
Thrissur - 680 655.
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2. Alex Chirayath,
S/o.late C.V.Joseph,
Aged 60 years,
Retired SSO/Superintendent,
Regional Office (Kerala),
ESIC, Thrissur.
Residing at Chirayath House,
Opposite Central Warehouse,
Kuriyachira, Thrissur - 680 006.
3. M.Unnikrishnan,
S/o.late K.Balakrishna Menon,
Aged 64 years,
Retired Branch Manager,
Branch Office, ESIC, Kalamassery.
Residing at Mannath House,
Kuttumuck, Ramavarmapuram P.O.,
Thrissur - 680 631.
4. M.A.Paul,
S/o.late M.P.Antony,
Aged 64 years,
Retired Superintendent,
Sub Regional Office,
ESIC, Ernakulam.
Residing at Menachery House,
Narakkal - 682 505. ...Applicants
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
ESI Corporation, Panchdeep Bhavan,
HQ Office, CIG Marg, New Delhi - 110 002.
2. The Regional Director,
ESI Corporation, Regional Office,
Panchdeep Bhavan, Thrissur - 680 020.
3. Union of India
represented by the Secretary to the Government of India,
Ministry of Labor, New Delhi - 110 001. ...Respondents
(By Advocate Mr.T.V.Ajayakumar [R1-2])
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Original Application No.180/00349/2018
1. Mr.K.P.Ramakrishnan,
S/o.late Raghava Pisharody,
Aged 62 years,
Retired SSO, Regional Office,
ESIC, Thrissur.
Residing at Revathi, Kolangattukara,
P.O.Choolisseri, Thrissur - 680 541.
2. Karthiayani.A.,
W/o.P.Balakrishnan,
Aged 63 years,
Retired SSO/Superintendent,
Regional Office, ESIC, Thrissur.
Residing at Padma Lakshmy,
Calvary Road, P.O. Poothole, Thrissur - 680 004. ...Applicants
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
ESI Corporation, Panchdeep Bhavan,
HQ Office, CIG Marg, New Delhi - 110 002.
2. The Regional Director,
ESI Corporation, Regional Office,
Panchdeep Bhavan, Thrissur - 680 020.
3. Union of India
represented by the Secretary to the Government of India,
Ministry of Labor, New Delhi - 110 001. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-2]
& Mr.Brijesh.A.S., ACGSC [R3])
Original Application No.180/00325/2018
1. Muraleedharan.T.,
Aged 55 years,
S/o.late K.Sankaran Nair,
Assistant Director,
ESI Corporation, Sub Regional Office,
Malu's Complex, St.Francis Church Road,
Kaloor, Kochi - 17.
Residing at Thalassery House,
` P.O. Nhamanghat, Thrissur - 679 563.
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2. Jose.V.L.,
Aged 58 years,
S/o.V.P.Lazar,
Office Superintendent,
Regional Office, ESI Corporation, Thrissur.
Residing at Jyothis, Velukkaran House,
Green Hills, Ollukkara P.O., Thrissur - 680 655.
3. C.Robert,
Aged 58 years,
S.o.C.P.Antony,
Social Security Officer,
Branch Office, ESI Corporation, Alleppey.
Residing at Chokkemthiyil House,
Pollethai P.O., Kalavoor, Alleppey - 688 522.
4. Viswanathan.V.,
Aged 58 years,
S/o.K.Appukuttan Nair,
Office Superintendent,
Sub Regional Office, ESI Corporation, Kozhikode.
Residing at Sairang, P.O.Azhinhilam,
Malappuram, Via Farook College - 673 632.
5. Unnikrishnan.S.Nair,
Aged 59 years,
S/o.P.Sreedharan Nair,
Branch Manager, Branch Office,
ESI Corporation, SRO Thiruvananthapuram.
Residing at 7, SGRA, Soorya Garden, Pappinmood,
Sasthamangalam, Thiruvananthapuram. ...Applicants
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
ESI Corporation, Panchdeep Bhavan,
HQ Office, CIG Marg, New Delhi - 110 002.
2. The Regional Director,
ESI Corporation, Regional Office,
Panchdeep Bhavan, Thrissur - 680 020.
3. The Deputy Director in Charge,
ESI Corporation, Sub Regional Office,
Malu's Complex, St.Francis Church Road,
Kaloor, Kochi - 682 017.
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4. Union of India
represented by the Secretary to the Government of India,
Ministry of Labor, New Delhi - 110 001. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-3]
& Mrs.O.M.Shalina, SCGSC [R4])
Original Application No.180/00520/2018
Ratnakaran.M.,
S/o.Sami.M.,
Aged 60 years,
Retired Manager Grade I,
Branch Office, ESIC Feroke.
Residing at Mampatta House,
Kakkodi P.O., Kozhikode - 673 611. ...Applicant
(By Advocate Mr.R.Sreeraj)
versus
1. The Director General,
ESI Corporation, Panchdeep Bhavan,
HQ Office, CIG Marg, New Delhi - 110 002.
2. The Regional Director,
ESI Corporation, Regional Office,
Panchdeep Bhavan, Thrissur - 680 020.
3. Union of India
represented by the Secretary to the Government of India,
Ministry of Labor, New Delhi - 110 001. ...Respondents
(By Advocates Mr.T.V.Ajayakumar [R1-2] & Ms.P.K.Latha [R3])
Original Application No.180/00518/2018
C.V.Divakaran,
S/o.late Vallon,
Aged 60 years,
Retired Assistant Director,
ESIC Hospital, Udyogamandal.
Residing at Chelothumalil House,
BOC Road, Perumbavoor - 683 542. ...Applicant
(By Advocate Mr.R.Sreeraj)
versus
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1. The Director General,
Head Quarters Office,
ESI Corporation, Panchdeep Bhavan,
CIG Road, New Delhi - 110 002.
2. The Regional Director,
Regional Office (Kerala),
ESI Corporation, Panchdeep Bhavan,
N.S.Round, Thrissur - 680 020.
3. Union of India
represented by its Secretary to the Government of India,
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training,
New Delhi - 110 001. ...Respondents
(By Advocate Mr.T.V.Ajayakumar [R1-2])
These applications having been heard on 8 th February 2023, the
Tribunal on 8th March 2023 delivered the following :
ORDER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER These nine cases are being taken together for a common order as the matter agitated in all of them arises basically from the same issue. There are differences in each depending on the period in which a certain scale of pay was given to the applicant in each case. However, it is felt that the examination of the issue, by taking one or two of the cases as the lead cases will help in clarifying the issue for all the other cases. It is in this context, therefore, that we decided to take O.A.No.180/325/2018 filed by five employees of the level of Assistant Director (AD)/Office Superintendent (OS)/Social Security Officer (SSO)/Branch Manager Grade II (BM-II) of the Employees State Insurance Corporation (ESIC) as the lead case. The main respondents in the cases are Director General (DG), ESIC (1 st respondent) and Regional Director (RD), ESIC, Thrissur (2nd respondent). -10-
2. The applicants in O.A.No.180/325/2018 are aggrieved by a Memorandum, No.A-27/23/7/AD-2012-E-III(Part) dated 21.03.2018 issued by the 1st respondent, DG ESIC Headquarters. This Memorandum has in effect declared that the fixation of pay in the pre-revised scale of Rs.7450- 11500/- in respect of Social Security Officers (SSO's) promoted between 01.01.2006 and 31.08.2008 is invalid. It states that the fixation of pay by certain offices of ESIC in respect of SSO's in the pre-revised scale of Rs.7450-11500/- had not been duly considered and approved. Instead it is stated that the ESIC (HQ) in its 140 th Meeting held on 11.10.2007 had upgraded pay scale of SSO's from Rs.5500-9000/- only to the scale of Rs.6500-10500/- and not to the Rs.7450-11500/- scale. Hence, the fixation of pay done by certain offices of the ESIC is invalid. These offices have been directed to refix the pay in the appropriate Pay Band in accordance with Clause (A) (i) and (ii) of Rule 7 of CCS (RP) Rules, 2008 as clarified in the Government of India, O.M.No.1/1/2008-IC dated 30.08.2008 wherever applicable. However, it is also clarified in the Memorandum that the Grade Pay of Rs.4600/- shall be payable in addition. Further, it has been indicated in the Memorandum that action may be taken for recovery of excess amount drawn wherever the pay has been fixed in the pre-revised scale of Rs.7450-11500/- in respect of SSOs promoted between 01.01.2006 and 31.08.2008 and in subsequent cases of stepping up of pay, if any. This impugned order/Memorandum at Annexure A-1 has been stated to be issued with the approval of the Director General, ESIC.
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3. It is submitted by the applicants that the implementation of the directions in the above order will create grave injury to them. They had been promoted as SSO between 01.01.2006 and 31.08.2008. The particulars of the 1st applicant in O.A.No.180/325/2018 who was at the time of filing the O.A., an Assistant Director of the ESIC posted in Kochi, can be taken as the point of example in order to indicate the problems associated with the issue. This 1 st applicant had commenced service in the ESIC as a LDC on 28.07.1986. He was then promoted as UDC in the year 1995 and later promoted as Assistant in the year 2001. He was placed in the pre-revised scale of pay of Rs.5000-8000/-. On 30.11.2007 he was again promoted as SSO in the pre-revised scale of pay of Rs.6500-10500/-. It is submitted by the applicants that the cadre of Insurance Inspectors (also known as SSO in ESIC)/Office Superintendents/Managers Grade II in the ESIC had been originally in the pre-revised scale of pay of Rs.5500-9000/-. The ESIC, in its meeting held on 11.10.2007, had approved the enhancement of this pre-revised scale of pay of Rs.5500-9000/- being drawn by Insurance Inspectors (SSO)/Office Superintendents/Managers Grade II to the pre-revised scale of pay of Rs.6500-10500/- with effect from 21.04.2004 notionally, and with monetary benefits from 01.10.2007. Hence for all purposes these grades of staff in the ESIC ie., Insurance Inspectors (SSO)/Office Superintendents/Managers Grade II were in the pre-revised scale of pay of Rs.6500-10500/- with effect from 21.04.2004. To be precise, it is therefore submitted that the post of SSO/Office Superintendent/Manager Grade II -12- was in the pre-revised scale of pay of Rs.6500-10500/- as on 01.01.2006, the date of implementation of the recommendations of the 6 th Central Pay Commission (CPC).
4. The ESIC had implemented the recommendations of the 6 th CPC with effect from 01.01.2006 and it is submitted the pay of the 1 st applicant in O.A.No.180/325/2018 was accordingly fixed at Rs.11790/- in the Pay Band - 2 (PB-2) with Grade Pay (GP) Rs.4200/-. This was because the corresponding Pay Band and Grade Pay prescribed for the pre-revised scale of pay of Rs.6500-10500/- was PB-2 Rs.9300-34800/- with the Grade Pay Rs.4200/-. Subsequent to this, however, the Government of India, Department of Expenditure (Implementation Cell) issued the well known Office Memorandum (O.M) dated 13.11.2009, produced at Annexure A-2 in the O.A. The Subject of the Memorandum was "Grant of the revised pay structure of grade pay of Rs.4600/- in the Pay Band PB-2 to posts that existed in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200/- in the pay band PB-2." This O.M is at the heart of the consideration of the issue in all these O.As and it is useful therefore to bring out the entire O.M in full. The same is as follows :
" Sixth Pay Commission recommended merger of the three pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 and replaced them by the revised pay structure of grade pay of Rs.4200 in the pay band PB-2. Vide para 2.2.21 (v) of its Report, the Commission recommended that on account of the merger of these 3 scales, some posts which constituted feeder and promotion grades would come -13- to lie in an identical grade. The Commission gave specific recommendations in its Report granting higher grade pay of Rs.4600 to some categories of these posts. As regards the other posts, the Commission recommended that it should first be seen if the posts in these 3 scales can be merged without any functional disturbance and if possible, the same should be done. Further, the Commission recommended that in case it is not feasible to merge the posts in these pay scales on functional consideration, the posts in the scale of Rs.5000- 8000 and Rs.5500-9000 should be merged with the posts in the scale of Rs.6500-10500 being upgraded to the next higher grade in the pay band PB-2 with grade pay of Rs.4600 corresponding to the pre-revised scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450- 11500.
2. The above recommendation of the Sixth Pay Commission were notified vide para (ii), Section I in Parts B and C of the First Schedule to the CCS (RP) Rules, 2008. While Part B of the First Schedule to the CCS (RP) Rules relates to revised pay scales for common categories of staff, Part C notifies revised pay structure for certain posts in Ministries, Departments and Union Territories . The above provisions of the Rules specifically mentioned that upgradations in terms of para (ii) Section I may be done in consultation with Department of Expenditure, Ministry of Finance.
3. Consequent upon the Notification of CCS (RP) Rules, 2008, Department of Expenditure has received a large number of references from administrative ministries/ departments proposing upgradation of the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 by granting them grade pay of Rs.4600 in the pay band PB-2. The matter has been considered and it has now been decided that the posts which were in the pre-revised scale of Rs.6500- 10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB- 2, will be granted grade pay of Rs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450- 11500 w.e.f. 1.1.2006. Further, in terms of the aforementioned provisions of CCS (RP) Rules, 2008, in case a post already existed in the pre-revised scale of Rs.7450- 11500, the posts being upgraded from the scale of Rs.6500- 10500 should be merged with the post in the scale of Rs.7450- 11500.
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4. Accordingly, in terms of Rule 6 of CCS (RP) Rules, 2008, revised pay of Government servants in the pre-revised scale of Rs.6500-10500 who were earlier granted grade pay of Rs.4200 and who have already exercised their option for drawal of pay in the revised pay structure in the format prescribed in the Second Schedule to the Rules, will be fixed again in accordance with illustration 4A annexed to CCS (RP) Rules, 2008.
5. In case of all such Government servants in the pre- revised scale of Rs.6500-10500 who were earlier granted grade pay of Rs.4200 and who had opted to have their pay fixed under CCS (RP) Rules, 2008, action as prescribed in this Department's O.M. of even number dated 30th August, 2008 will be taken. In case a Government servant desires to revise his earlier option for coming over to the revised pay structure, he may be permitted to do so without making any reference to this Department.
6. On account of pay fixation in the revised pay structure of grade pay of Rs.4600 in the pay band PB-2, arrears of pay will be recalculated and difference of arrears in respect of the entire amount will be paid immediately. The manner of drawal of arrears has already been indicated in this Department's O.M. of even number dated 30.8.2008.
(emphasis added)
5. As stated earlier, it is the interpretation of the above O.M which is at the core of the issue in all these O.As. It is the contention of the applicants that Annexure A-2 effectively and essentially contemplates and allows the following :
(a) First, it allows fixation of pay in the pre-revised scale of pay of Rs.7450-11500/- by way of upgradation of the scale of pay of Rs.6500-10500/- and thereafter fixation in PB-2 Rs.9300-34800/- with Grade Pay Rs.4600/-.
(b) Second, the recommendation of the 6th CPC is to upgrade the posts in the pre-revised scale of pay of Rs.6500-
10500/- to the pre-revised scale of pay of Rs.7450-11500/- and to grant the Grade Pay Rs.4600/- corresponding to that pre-revised scale.
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(c) Third, the merger of posts in the pre-revised scale of pay of Rs.6500-10500 with the posts in the pre-revised scale of pay of Rs.7450-11500/- had been envisaged only in cases where posts existed in the hierarchy in the pre-revised scale of pay of Rs.7450-11500/-. However, upgradation of posts in the pre-revised scale of pay of Rs.6500-10500/- to the pre- revised scale of pay of Rs.7450-11500/- was a must in all cases, and a pre-requisite for granting the Grade Pay of Rs.4600/-.
Effectively therefore what the applicants are submitting is that they were rightly entitled to be given the pre-revised scale of pay of Rs.7450-11500/-. This, as per them, flows from the contents of the O.M at Annexure A-2 brought out earlier in full. This was subsequently allowed by the respondents in their case. The contents of the Annexure A-2 O.M dated 13.11.2009 had been adopted by the ESIC and was communicated vide Memorandum dated 08.12.2009 produced at Annexure A-3. This Memorandum granted revised pay structure of grade pay of Rs.4600/- in the Pay Band PB-2 to the posts of Insurance Inspectors/Manager Gr.II/Office Superintendent. This Memorandum had referred to the Office Memorandum (OM) of Government of India at Annexure A-2. It stated that the Grade Pay of Rs.4600/- in the Pay Band PB-2 was granted to the posts of Insurance Inspectors/Manager Grade II/Office Superintendent in ESIC, consequent upon the grant of Grade Pay of Rs.4600/- in the Pay Band PB-2 to posts in Central Government that existed in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and which were granted the normal replacement Grade Pay of Rs.4200/- in the Pay Band PB-2 with effect from 01.01.2006 as per the Government of India O.M dated 13.11.2009 (Annexure A-2). It also mentioned that the notional date of implementation -16- for the grant of Grade Pay of Rs.4600/- will be 01.01.2006. However, monetary benefit on account of grant of Grade Pay of Rs.4600/- will be from 01.10.2007. Further, it was also mentioned that the manner of fixation of pay on account of the revision of the Grade Pay is to be done in the same manner as circulated vide earlier Memorandum of ESIC dated 03.03.2009.
6. It should however be noted that Annexure A-3 does not mention anything specifically about the grant of scale of pay of Rs.7450-11500/- to the posts of Insurance Inspectors/Manager Grade II/Office Superintendent. The Regional Offices to whom the Memorandum at Annexure A-3 was circulated, in turn, circulated the same to the field offices by the Annexure A-4 Memorandum dated 15.12.2009 ie., within a week of the circulation of Annexure A-3 Memorandum. The Annexure A-4 Memorandum only clarified that the Insurance Inspectors/Branch Manager Grade II/ Superintendents who intend to revise their earlier option for switching over to the revised pay structure should submit the revised options to the Regional Office by 30.12.2009. Again, this Memorandum too neither mentioned anything about the grant of the pre-revised scale of pay of Rs.7450-11500/-. It only related to the grant of revised pay structure of Grade Pay of Rs.4600/- in Pay Band PB-2 to these posts. Pursuant to these Memorandums, it is submitted that pay of the 1 st applicant in O.A.No.180/325/2018 was then fixed at Rs.11790/- with Grade Pay -17- Rs.4600/- as on 30.11.2007, at Rs.12290/- with Grade Pay Rs.4600/- as on 01.07.2008 and at Rs.12800/- with Grade Pay Rs.4600/- as on 01.07.2009 in the revised pay structure.
7. After this it appears that there was a long hiatus in the entire matter, at least as per the information produced by the applicants in the O.A.No.180/325/2018. The next circular that they draw attention to is a letter issued by the Regional Office of the ESIC (ESIC Trichur), the 2 nd respondent, dated 12.10.2012 produced at Annexure A-5. At the outset we note that this letter was issued almost three years after the issue of the Annexure A-4 circular. It has only referenced the earlier letters of 2008/2009 and further clarified the pay structure etc. What the immediate motivation for issue of the letter is not known but the subject matter of this letter is "Fixation of pay of SSO/Manager Grade II/Office Superintendent as a result of recommendations of the 6 th CPC - clarification - regarding". As we noted it is not clear as to why this clarification letter was issued. It does not make any reference to any representations received, nor does it make any references to any letter received from the ESIC Headquarters subsequent to the letter at Annexure A-3 dated 08.12.2009. In any case, after some initial background, it refers the approval of the Director General, ESIC for implementation of the O.M dated 13.11.2009 of the Government of India for the Social Security Officers vide Memorandum dated 08.12.2009. It then states as follows : -18-
" ......The benefits of fixation are available to the Social Security Officer/Manager Gr.II/Office Superintendent who were in service as on 01.10.2007. In case they are holding the post on 31.12.2005, their pay fixed notionally in the pay scale of Rs.6500-200-10500/- will again be fixed in the scale of pay of Rs.7450-225-11500/- in accordance with illustration 4-A annexed to CCS (RP) Rules, 2008 which will be not less than Rs.7450 x 1.86 = 13857/- ie., Rs.13860/- and Grade Pay rs.4600/- in PB2 Rs.9300-34800/- with effect from 01.01.2006.
In the case of officials promoted as Social Security Officer/Manager Gr.II/Office Superintendent between 01.01.2006 and 31.08.2008, their pay will be fixed as per the option exercised by them. In pursuance of CCS (RP) Rules, 2008 they have the option to (i) either have their pay fixed with effect from 01.01.2006 with reference to the lower scale which they are holding as on 01.01.2006 OR (ii) from the date of promotion which took place after 01.01.2006. In such cases their pay will be fixed with reference to the fitment table of the higher pay scale, ie., Rs.7450-225-11500, however, they will not be entitled to arrears from 01.01.2006 till the date of option subject to para 2 of reference No.4 above."
In addition to the above, the letter also states that the method of fixation of the pay of employee appointed as fresh recruits on or after 01.01.2006 will be in accordance with Rule 8 of CCS (RP) Rules, 2008. In the case of Social Security Officer/Manager Grade II/Office Superintendent it is Rs.12540/- and Grade Pay Rs.4600/- in PB-2 Rs.9300-34800/-. It also states that the above clarification also holds good for those who are placed in the scale of Social Security Officer as on 31.12.2005 as well as during the period from 01.01.2006 to 31.08.2008 under ACP Scheme but not applicable to those who are retired from service prior to 01.10.2007.
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8. As pointed out earlier, the above letter has no indication as to whether it was issued in response to a representation from the employees or due to directions from the Headquarters directing that a clarification be issued. We have also found it interesting that this particular letter which has more or less given the final 'green' signal for grant of scale of pay of Rs.7450- 11500/- to the SSOs has not been referred to even in the final reply statement of the respondents in the O.A under consideration here. This was also not clarified during the oral submissions. Whatever be the case subsequent to this letter at Annexure A-5, the 1 st applicant in O.A.No.180/325/2018 then submitted a revised option for fixation of pay under the CCS (RP) Rules, 2008 with reference to the corresponding fitment table of the higher scale of pay of Rs.7450-11500/- with effect from 30.11.2007, which was the date of his promotion to the post of SSO. His pay was then approved to be refixed after taking into consideration instructions regarding next increment in the revised pay structure in relaxation of stipulation under Rule 10 of CCS (RP) Rules at Rs.12090/- with Grade Pay Rs.4600/- as on 30.11.2007. Further it was fixed at Rs.12590/- with Grade Pay Rs.4600/- as on 01.07.2008 and accordingly every year after that with necessary increase by way of increments in the revised pay structure. It was fixed finally at Rs.14770/- with Grade Pay Rs.4600/- as on 01.07.2012. Thereafter, another Office Order was also issued on 11.04.2013 in partial modification refixing the pay of the applicants at Serial Nos.1, 2 and 4 of O.A.No.180/325/2018 along with 9 others, consequent on the grant of the revised pay structure of Grade Pay -20- Rs.4600/- in the Pay Band PB-2 corresponding to the pre-revised scale of pay of Rs.7450-11500/- in accordance with illustration 4A annexed to CCS (RP) Rules, 2008. This Office Order dated 11.04.2013 was again issued only with reference to the Government of India O.M dated 13.11.2009 (Annexure A-2) and ESIC Headquarters Memorandum dated 08.12.2009 (Annexure A-3) and has been produced at Annexure A-7. Yet another Office Order was then thereafter almost immediately issued on 28.05.2013 produced at Annexure A-8, which partially modified the Annexure A-7 Office Order. Here too fixation was done only with reference to Annexure A-2 O.M of the Government of India and Annexure A-3 Memorandum of the ESIC Headquarters. This Office Order resulted in the pay of the 1 st applicant being fixed at Rs.13860/- with Grade Pay Rs.4600/- as on 30.11.2007. Subsequently it was revised on this basis with the necessary increments etc., on an year wise basis up to the level of Rs.16820/- with Grade Pay Rs.4600/- as on 01.07.2012.
9. From the above it is to be noted that the fixation of pay of the 1 st applicant was being constantly changed subsequent to the Annexure A-5 letter issued by the Regional Office of the ESIC at Trichur, which itself, as we have already pointed out, was not in reference to any directions or representations at least on the face of it. Nor was a copy letter at Annexure A-5 marked to the ESIC Headquarters. Presumably other employees at the same level in the ESIC also benefited from these upward revisions. Whatever it may be, it is this fixation which is being sought to be now -21- removed by the ESIC Headquarters and to be refixed through the impugned Annexure A-1 Memorandum. It is submitted by the applicants that if the said refixation takes place the pay of all of them will go below Rs.12540/- from the date of their promotion as SSO, whereas Rs.12540/- has been fixed as the minimum pay of a direct recruit SSO. Further it is submitted that now the 7th CPC recommendations have been implemented the adverse impact of the refixation directed vide the impugned order at Annexure A-1 will be huge for the applicants in O.A.No.180/325/2018. As far as the 1 st applicant is concerned it is submitted that he will go two levels down in the present pay matrix. Hence, the case of the applicants is that the ESIC, as is evident from Annexure A-3 Memorandum, had adopted the Annexure A-2 OM dated 13.11.2009 of the Government of India. It is their contention that the fixation of pay in the pre-revised scale of pay of Rs.7450-11500/- is but a natural consequence of implementation of the said Annexure A-2 OM dated 13.11.2009 of the Government of India. The mandate of the Government of India OM dated 13.11.2009 was to upgrade the pre-revised scale of pay of Rs.6500-10500/- to the pre-revised scale of pay of Rs.7450- 11500/- and then to grant the Grade Pay Rs.4600/- corresponding to the pre- revised scale of pay of Rs.7450-11500/-. Thus, it is submitted that, when the OM was adopted by the ESIC Headquarters, as per their Annexure A-3 Memorandum it had to be adopted it in its entirety. It cannot be contended at this length of time that the ESIC had not approved fixation of pay in the pre-revised scale of pay of Rs.7450-11500/- while adopting the Government of India OM dated 13.11.2009, because, without upgrading the pre-revised -22- scale of pay of Rs.6500-10500/- to the pre-revised scale of pay of Rs.7450- 11500/- the Grade Pay of Rs.4600/- cannot be extended to the posts which were in the pre-revised scale of pay of Rs.6500-10500/-.
10. The applicants in the O.A.No.180/325/2018 as well as in some other O.As also put forth the argument that the ESIC is trying to depend on yet another Government of India O.M dated 16.11.2009 (which was produced later during oral submissions) which was exclusively meant for grant of revised pay structure of Grade Pay of Rs.4600/- to Assistants and Personal Assistants of Central Secretariat Service, Armed Forces Headquarters Service, Indian Foreign Service 'B' and Railway Board Secretariat Service and their counterpart Stenographer Services to justify their impugned action. It is submitted by them that the ESIC had rightly adopted the Annexure A-2 Government of India OM dated 13.11.2009 and had then issued Annexure A-3 Memorandum dated 08.12.2009. On the strength of these O.Ms/Memorandums the applicants and others, promoted as SSO between 01.01.2006 and 31.08.2008, had been given fixation in the pre- revised scale of pay of Rs.7450-11500/- based on their revised options, before granting them the revised pay structure with Grade Pay of Rs.4600/-. It is submitted that the ESIC after doing this, however, later took a somersault when some Social Security Officers (SSOs) promoted prior to 01.01.2006 also demanded a similar fixation of pay in the pre-revised scale of pay of Rs.7450-11500/-, before granting them the revised pay structure of Grade Pay of Rs.4600/-. At that stage it is submitted that by -23- misconstruing Section 17(2) of the ESI Act, 1948 the ESIC drew an unnecessary parallel with the Postal Assistants/Assistants of CSS etc., and thus brought into consideration the O.M dated 16.11.2009 issued exclusively for those classes of officials mentioned earlier. It is contended that relying on the O.M dated 14.12.2009 issued only as a clarification by the Department of Expenditure and another O.M dated 22.10.2010 issued by the Government of India, Ministry of Personnel, P.G and Pensions, the ESIC rejected the claim of those SSOs promoted prior to 01.01.2006 for fixation of pay in the pre-revised scale of pay of Rs.7450-11500/-.
11. Whatever it may be it is submitted by the applicants that as far as the SSO's promoted prior to 01.01.2006 or between 01.01.2006 and 31.08.2008 are concerned, all are entitled to get a fixation in the pre-revised scale of pay of Rs.7450-11500/- on the basis of the Annexure A-2 O.M dated 13.11.2009. It is submitted that this is the relevant O.M to be considered and it is not the subsequent O.M dated 16.11.2009 which had been issued in relation to pay structure for certain classes of Government servants. Thus, having accepted the O.M at Annexure A-2 and also issued the circular at Annexure A-3 as early as on 08.12.2009 and also after having implemented it in respect of the applicants as early as on 28.05.2013, the ESIC should not now turn around and without hearing the applicants order on 21.03.2018 a refixation to their detriment along with consequential recovery. It appears that the action is being taken on the basis of a decision taken by the ESIC in some other cases filed before the Chennai Bench of the Tribunal to which -24- these applicants were not parties. Drawing the argument further, it is also submitted that the decision taken by the ESIC on 11.10.2007 was to enhance the scale of pay of SSO's to Rs.6500-10500/- with effect from 21.04.2004. This implied that the SSO's had the pre-revised scale of pay of Rs.6500-10500/- as on 31.12.2005 the last date before implementation of the 6th CPC recommendations. Thus, this put the category of SSO's within the purview of the upgradation to the pre-revised scale of pay of Rs.7450- 11500/- which was envisaged in the Annexure A-2 O.M dated 13.11.2009. The primary requirement to fall within the purview of Annexure A-2 O.M was that the post ought to have been in the pre-revised scale of pay of Rs.6500-10500/- as on 31.12.2005. Hence, contrary to the stand of the ESIC in the impugned Annexure A-1 Memorandum, the decision taken on 11.10.2007 to upgrade the scale of pay of SSO to Rs.6500-10500/- has vindicated the subsequent fixation in the pre-revised scale of pay of Rs.7450-11500/-.
12. It is also submitted that the Annexure A-1 Memorandum flouts the principles of natural justice as the applicants had been enjoying the fruits of Annexure A-2 O.M dated 13.11.2009, with the approval of the ESIC Headquarters as per Annexure A-3 Memorandum dated 08.12.2009, ever since the year 2013. The new refixation deprives them of the benefit of Annexure A-2 O.M without giving them an opportunity of being heard before it was done. Further, the consequential recovery has also flouted the principles of natural justice. There are umpteen number of cases with -25- Hon'ble Apex Court decisions supporting the proposition that the person concerned must be given an opportunity of being heard before any adverse action is being taken against him. It is reiterated that the Grade Pay of Rs.4600/- which was granted by Annexure A-3 O.M to the SSO's is inseparable from the pre-revised scale of pay of Rs.7450-11500/-. Hence, the ESIC cannot contend that the fixation of pay in the pre-revised scale of pay of Rs.7450-11500/- is incorrect but that grant of the Grade Pay of Rs.4600/- is correct. It is also reiterated that the O.M dated 16.11.2009 of the Government of India relating to the pay structure of certain cadres and its subsequent clarifications on 14.12.2009 and 22.12.2010 are all extraneous to the issue at hand as the O.M has no general application. Further, the recovery contemplated is also against the principles set out by the Hon'ble Apex Court in State of Punjab & Ors. vs. Rafiq Masih (White Washer) etc. & Ors., 2015 (4) SCC 334 and the Government of India, DoP&T O.M dated 02.03.2016 issued following the judgment. Hence the applicants seek the quashing of the Memorandum at Annexure A-1 and a stay on any recovery from the pay already granted to them.
13. The matter in O.A.No.180/325/2018 was heard by this Tribunal on 06.04.2018. At that time an interim order was passed staying the operation of Annexure A-1 Memorandum dated 21.03.2018. Similar orders were issued in the other O.As as and when they come up. The respondents have filed a detailed reply statement in the O.A.No.180/325/2018. It is to be noted that the reply statements that have been filed in this O.A (as well as in -26- most of the other O.As) is by the 2 nd respondent ie., Regional Director, ESIC, Kerala on behalf of the ESIC. It is accepted in the reply statement in O.A.No.180/325/2018 that the applicants therein had been promoted to the post of SSO/OS/Branch Manager Grade II between the period 01.01.2006 and 31.08.2008. These applicants had got their pay refixed in the pre- revised scale of pay of Rs.7450-11500/-. The ESIC O.M dated 21.03.2018 (Annexure A-1) had ordered the cancellation of refixation done in the pre- revised scale of pay of Rs.7450-11500/- along with the recovery of excess amount drawn, wherever the pay had been fixed. It is submitted by the respondents that the Annexure A-3 O.M dated 08.12.2009 issued by the ESIC Headquarters granting the revised pay structure of Grade Pay of Rs.4600/- in the Pay Band PB-2 to the posts of Insurance Inspectors/Manager Grade II/Office Superintendent in ESIC had been approved by the Director General consequent to the grant of Grade Pay of Rs.4600/- in the Pay Band (PB-2) posts in Central Government that existed in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006, which had been granted the normal replacement Grade Pay of Rs.4200/- in the Pay Band PB-2 with effect from 01.01.2006.
14. The respondents submit that the Annexure A-1 Memorandum has been issued not in response to the court case (as is being contended by the applicants) arising out of the O.A filed in the C.A.T., Chennai Bench, but in adherence to the revised clarifications and instructions issued on the subject by the nodal Ministries of the Government of India. They state that the -27- Comptroller & Auditor General of India (CAG) Audit Report of the ESIC for the year 2013-14 pointed out at Para No.6 the wrong fixation of pay of SSOs/Branch Managers/Office Superintendents. The CAG referring to Annexure A-2 O.M dated 13.11.2009 of the Government of India as well as the other O.M of the DoP&T dated 16.11.2009, which has been referred earlier clearly stated that the pre-revised upgraded scale of Rs.7450-11500/- is meant only for the four headquarter services that had been indicated along with their counterpart stenographer services. The ESIC in many offices had however implemented this O.M and granted the pay fixation to their employees in the pre-revised pay scale of Rs.7450-11500/-. It had also paid arrears of the pay fixation. Consequently, the ESIC was directed to take immediate corrective action for identifying such cases across all its sub-offices under intimation to Audit. Hence, it is not true that this action was taken consequent to the cases filed before the C.A.T., Chennai Bench but was done as a result of the CAG Audit as well as clarifications which had come from various Ministries and Departments of the Government of India 'in due course'.
15. Further justifying the steps now being taken, the respondents have also referred to the O.M dated 13.11.2009 at Annexure A-2. They point out that it has been contended in the O.M that the pre-revised scales of pay of Rs.5000-8000/-, Rs.5500-9000/- and Rs.6500-10500/- have to be first considered if they can be merged together without any functional disturbances. It is only if that is possible the same should be done. They -28- state, however, that in the ESIC there are posts corresponding to all these three pay scales with distinct functionalities. These posts were not therefore merged as suggested and continue to exist as separate posts even to this day. To clarify this point they have indicated in the reply statement that these posts had the following pay scales before and after the 6th CPC :
Name of the post Scale of pay before Grade Pay as per
6th CPC 6th CPC
1 Assistant Rs.5000-8000/- Grade Pay Rs.4200/-
2 SSO (Notional upgradation) Rs.5500-9000/- Grade Pay Rs.4600/-
Rs.6500-10500/-
3 Assistant Director Rs.6500-10500/- Grade Pay Rs.4800/-
It is submitted that when the posts could not be merged and were, therefore, not merged it is clear that the posts in the feeder and promotional cadre cannot and should not be granted the same pay scales. Further, it is also submitted now in the reply statement that the Annexure A-3 O.M of ESIC dated 08.12.2009 following the Annexure A-2 O.M dated 13.11.2009 of the DoP&T was only with regard to grant of Grade Pay of Rs.4600/- and was not about fixation of pay corresponding to Rs.7450-11500/-. In addition the respondents have referred to the 140 th meeting of the ESIC which had upgraded pay scale of SSO from Rs.5500-9000/- to Rs.6500-10500/- with effect from 21.04.2004 notionally, accruing the financial benefits from 01.10.2007. Thus it is submitted that the pay scale of SSO's had been upgraded from Rs.5500-9000/- to Rs.6500-10500/- and not to Rs.7450- 11500/- scale. Hence the claim of the applicants made in this regard is devoid of merit.
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16. It is also submitted that the pay scale of SSO in the ESIC had never been upgraded or placed in the pay scale of Rs.7450-11500/- and, as such, these applicants are not entitled for Rs.7450-11500/-. Allowing them to draw what they are not entitled to would be tantamount to unjust enrichment. In addition to this the DoP&T vide its O.M No.7/7/2008- CS.I(A) dated 03.01.2014 had clarified that since the Assistants of CSS had specifically been granted upgraded posts, their pay fixation was to be done as prescribed in Note 2 A below Rule 7(1) of CCS (RP) Rules, 2008. However, this was not the case in respect of SSOs of ESIC. Their pay needs to be fixed in accordance with Para 2(ii) of Ministry of Finance, Department of Expenditure O.M.No.11/2008-IC dated 30.08.2008 which exhibits that the tables in Annexure-I (ie., normal replacement of pay drawn multiplied by 1.86) are applicable where normal replacement of pay scales has been approved by the Government. Consequent upon the issue of this clarification of DoP&T vide its O.M of 03.01.2014 many other departments, like ESIC, had also withdrawn the wrong pay fixation given to its employees and have refixed the same in accordance with the instructions of the Nodal Ministry.
17. It is also submitted that the applicants are entitled for the benefits of Government of India, Ministry of Finance, Department of Expenditure O.M dated 28.09.2018 which is produced at Annexure R-1(a) along with the reply statement. This O.M was issued by the Ministry of Finance based on the Hon'ble Supreme Court judgment dated 01.09.2017 granting the entry -30- pay prescribed for direct recruits as per Section 2 of Part A of the First Schedule of CCS (Revised Pay) Rules, 2008. It is indicated in the O.M produced at Annexure R-1(a) as follows :
"8. ...........Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 01.01.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central Government employees who were appointed to such posts prior to 01.01.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 01.01.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 01.01.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 01.01.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 0 1.01.2006."
18. The above O.M had been circulated by the ESIC to all its concerned offices. As per this O.M it is submitted that the applicants are entitled for fixation of pay at the minimum entry pay of SSO direct recruits of Rs.12540/- plus Grade Pay of Rs.4600/-. Thus being entitled to this minimum pay, the ESIC in the reply statement has indicated that their pay will be fixed at not less than Rs.12540/- with effect from 01.01.2006 or from the date of their promotion, whichever is later. Thus, the contention of the applicants in the O.A that the direct recruits will be drawing a higher pay than the earlier promoted SSO was not correct.
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19. It is also submitted by the respondents that the pay scale of the post of SSO has not been revised in the ESIC corresponding to 'S-13' of the 6 th CPC pay tables. The majority of the employees in the cadre of SSO barring those who were promoted between 01.01.2006 and 31.08.2008 and who exercised option to switch over to the revised 6 th CPC pay scales from the date of their promotion, continued to draw pay in the pay scales of S-12. The fact of the matter is that ESIC issued its initial order based on the DoP&T OM of 16.11.2009. The same was done in other departments of Government of India as well. However, later the DoP&T vide O.M dated 03.01.2014, referred to earlier, clarified that the pay fixation as per Note 2A below Rule 7 of CCS (RP) Rules, 2008 will be applicable only in the cases where posts have been upgraded. Since in ESIC the post of SSO was not upgraded the SSOs of ESIC are not entitled for fixation of pay as per Note 2A below Rule 7 of CCS (RP) Rules, 2008. The applicants are entitled for pay fixation as per Annexure R-1(a) O.M of 28.09.2018. They are entitled to fixation of pay at the minimum of Rs.12540/- and there should be no more confusion in this regard.
20. Thus as per the respondents the orders of the Government of India at Annexure A-2 were only with regard to grant of enhanced Grade Pay of Rs.4600/- to the posts that existed in the pre-revised scale of Rs.6500- 10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200/- in the Pay Band PB-2. It is only the Grade Pay of the post of SSO in the ESIC, like other posts in ESIC that -32- were in the pay scale of Rs.6500-10500/- as on 01.01.2006 which were earlier granted the normal replacement pay structure of Grade Pay of Rs.4200/- that would get enhanced Grade Pay of Rs.4600/-. Even the Annexure A-3 O.M of ESIC Headquarters had mentioned that the manner of fixation of pay on account of revision of the Grade Pay was to be done in the same manner as was circulated in the ESIC O.M dated 03.03.2009. Thus the attempts being made by the applicants to allude to other reasons and interpretations are without basis. In addition, the respondents further specifically state that the O.M of 16.11.2009 which is being referred to by the applicants as to the reason why the respondents have withdrawn the pre- revised scale of pay of Rs.7450-11500/- vide Annexure A-1 has not been correctly interpreted by them. The O.M of 16.11.2009 was not about the grant of enhanced Pay/Grade Pay to any post but was only a 'suggestion' for introduction of a new grade in the hierarchy of Central Secretariat, which has no connection to the present issue of the applicants. Hence, the allegation that the ESIC took a somersault when those SSOs promoted prior to 01.01.2006 also demanded fixation of pay in the pre-revised scale of pay of Rs.7450-11500/- before granting them their revised pay structure of Grade Pay of Rs.4600/- is wrong and is denied. It is submitted that the Annexure A-1 O.M of ESIC dated 21.03.2018 makes no distinction and is equally applicable to all SSO's. In other words, it is submitted that the SSO's of ESIC, irrespective of the date of their promotion to the cadre of SSO are not entitled for fixation of pay in the pre-revised scale of pay of Rs.7450-11500/-. The Annexure A-3 Memorandum of 08.12.2009 was only -33- with regard to grant of higher Grade Pay of Rs.4600/- and was not about grant of pay scale of Rs.7450-11500/- to the post of SSO in ESIC, it is reiterated.
21. Another document is put forth by the respondents to reinforce their argument/position in this regard. They draw attention to the Government of India's O.M.No.38/33/12-P&PW(A) dated 04.01.2019 of the Ministry of Personnel, PG & Pension, Department of Pension and Pensioners Welfare. It has been clarified in this O.M that entitlement of pension with effect from 01.01.2006 of pre-2006 pensioners who retired from 5 th CPC pay scale of Rs.6500-10500/- would be as per the following :
"7. In accordance with the provisions of Rule 7 of the CCS (Revised Pay) Rules, 2008, the pay corresponding to the pay of Rs.6500/- in the pre-revised pay scale of Rs.6500-10500/- would be Rs.12090/- in the PB-2. After adding the grade pay of Rs.4600/-, the pay in the Pay Band + Grade Pay corresponding to the pay of Rs.6500/- in the pre-revised pay scale of Rs.6500-10500/- would be Rs.16690/- (12090+4600). Accordingly, the revised pension with effect from 01.01.2006 in terms of para 4.2 of OM dated 01.09.2008 for the pre-2006 pensioners who retired from the pay scale of Rs.6500-10500/- in the 5th CPC or equivalent pay scales in the earlier Pay Commissions would be Rs.8345/-. Accordingly the entries at serial number 13 in the annexure of this Department's OM No.38/37/08-P&PW(A) dated 28.01.2013 may be substituted by the entries shown in the statement annexed in this OM."
22. A copy of this O.M has been produced at Annexure R-1(c). From the above entry at paragraph 7 of the O.M the contention of the respondents is that their position is justified as the O.M lays down that the pay corresponding to the pay of Rs.6500/- in the pre-revised pay scale of -34- Rs.6500-10500/- would be Rs.12090/- in the PB-2. After adding the Grade Pay of Rs.4600/- the pay in the Pay Band to the pay of Rs.6500/- in the pre- revised scale of pay of Rs.6500-10500/- would be Rs.16690/-. Thus the applicants or for that matter any employee who was holding a post in the 5 th CPC pay scale of Rs.6500-10500/- as on 31.12.2005 is entitled only for the Grade Pay of Rs.4600/- from 01.01.2006 in the 6 th CPC pay scales and is not entitled for fixation of pay corresponding to Rs.7450-11500/-.
23. Hence in sum the contention of the respondents is that the Annexure A-2 OM dated 13.11.2009 taken together with all the above O.Ms clearly establishes that the grant of higher Grade Pay of Rs.4600/- was only agreed to and that there was no question of any fixation in the higher pay scale of Rs.7450-11500/-. The Annexure A-2 O.M dated 13.11.2009 was the O.M which established this and this has only been confirmed by the Annexure R-1(a) and Annexure R-1(c) O.Ms of the Government of India. It is further submitted that the Ministry of Finance and the DoP&T are the nodal Ministries in the Government of India in this regard. The applicants are, therefore, not entitled to what they have been claiming. If their claim is accepted it will tantamount to violating the aforesaid instructions of the Government of India. Hence, a claim that their natural justice has been violated or that the provisions of the Constitution of India have been violated is unfounded and baseless.
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24. Besides these O.Ms of the Government of India, the respondents have also furnished at Annexure R-1(e) a copy of the Audit Objection at Para No.6 of the CAG in the Audit Report of the ESIC for the year 2013-14 which had pointed out the wrong fixation of pay of SSO/Branch Manager/Office Superintendent promoted between 01.01.2006 and 31.08.2008. The Audit Report clearly states that the ESIC has combined the O.M of 13.11.2009 along with O.M dated 16.11.2009 and had wrongly given the upgraded pay scale which was only meant for certain Central Secretariat Services. It was noted that the wrong pay fixation as well as release of arrears of pay fixation to their employees in the revised old pay scale of Rs.7450-11500/- had been done in different offices including Headquarters Office. It was indicated that this was in contravention of the O.M dated 16.11.2009 of the Department of Expenditure which applied to certain Central Secretariat Services only. It was directed that the ESIC should take immediate corrective action for identifying of all such cases across all the sub-offices under intimation to audit.
25. The respondents therefore submit that while employees of any organization have the right for any aspiration with regard to their pay scales/pension they are entitled only for what is admissible as per law and to what they are legally entitled to. The claim of any one or any set of employee cannot be over and above to what they are entitled to for that would lead to unjust enrichment. The Annexure A-1 O.M of -36- 21.03.2018 was thus issued after due diligence taking into consideration all the aspects related to the matter. It was solely guided by the principles of fairness and the existing instructions of the Government of India mentioned earlier. The apprehension of the applicants that if the said O.M is not set aside that their pay will be fixed at a stage less than that of the direct recruits is unfounded. As per Annexure R-1(a) O.M dated 28.09.2018 the employees of the ESIC are clearly entitled for fixing their pay equal to the pay of the direct recruits. The Annexure A-1 O.M was issued based on the same principle without any other consideration for the rule of law must prevail irrespective of whether it favours the stand of the applicants or the respondents. Hence, it is submitted that the Annexure A-1 O.M does not suffer from any deficiency or illegality as alleged by the applicants and if it is set aside it will lead to unjust enrichment. The Hon'ble Supreme Court has time and again held that "there should not be any unjust enrichment of any individual including Government employees at the cost of Government exchequer."
26. We have carefully considered all the contentions and have also seen the documents provided. The stand taken by respondents is clear. They maintain that the issue of Annexure A-1 dated 21.03.2018 is only a correction of a mistake done by them earlier. In so doing this they are backed by the O.M's of the Government of India as well as the observations of the CAG. After due consideration this Tribunal is also of a similar opinion. We too find that there was a mistake done in the fixation of -37- pay of the applicants in the scale of pay of Rs.7450-11500/- which is now sought to be corrected through the issuance of Annexure A-1 O.M. The only remaining issue in this connection is for the respondents to consider how the directions of the Hon'ble Supreme Court in the matter of Rafiq Masih (supra) are properly implemented. Though the learned counsel for the Corporation submitted that the provisions of Rafiq Masih (supra) are not attracted as the recovery notice vide Annexure A-1 had been issued within the five years period prescribed under condition at Paragraph 12(iii) of the Hon'ble Supreme Court's judgment, we are not entering into this aspect at this stage. We would only broadly confine our direction to the extent that the ESIC may examine the matter relating to recovery in terms of the directions of the Hon'ble Supreme Court in Rafiq Masih (supra) as well as the concerned O.M of the DoP&T in this regard. The condition at Paragraph 12 (iii) of Rafiq Masih (supra) has certain provisions regarding recovery from employees when the excess payment has been made for a period in excess of five years before the order of recovery is issued. We also note the assurance of the ESIC that the applicants will not get any amount which is less than that which is being given to the direct recruits appointed on or after 01.01.2006.
27. While issuing the above directions we have certain additional observations in this regard about the issue in general. It may be noted that O.A.No.180/325/2018 along with O.A.No.180/337/2018 and -38- O.A.No.349/2018 relate to ESIC employees who had been promoted between 01.01.2006 and 31.08.2008. O.A.No.180/174/2015 relates to a retired employee/(since dead) who had been promoted prior to 01.01.2006. O.A.No.180/291/2015 and O.A.No.180/312/2017 also pertains to those ESIC employees/retirees promoted between 01.01.2006 and 31.08.2008. The O.A.No.180/1058/2013 is filed by employees/retired pensioners who had been promoted prior to 01.01.2006. The O.A.No.180/518/2018 also related to employees etc., who had been promoted between 01.01.2006 and 31.08.2008. We have also delinked two other O.As on the request of the learned counsel for the applicant therein as they relate to pre-2006 retired employees/pensioners. However, the basic issue in all the cases is the same as to whether SSO's (Insurance Inspectors)/Managers Grade II/Office Superintendents of ESIC are entitled to get their pay upgraded from the pre-revised scale of pay of Rs.6500- 10500/- to the pre-revised scale of pay of Rs.7450-11500/- as on 01.01.2006 in Pay Band PB-2 (Rs.9300-34800/- with Grade Pay Rs.4600/-) or not? We have concluded that they are not entitled to this fixation. We have relied on the O.M's of the Ministry of Personnel, P.G And Pensions as well as the Ministry of Finance while arriving at this conclusion. In addition, the Comptroller & Auditor General (CAG) has also pointed out the mistakes in these cases. We had noted that the Annexure A-5 O.M was issued by the Regional Office granting the upgraded pre-revised pay scale without a reference in the order to any representation or any instructions except the last instruction issued more than three years prior to the O.M produced at -39- Annexure A-3. To us it is quite clear that the ESIC, therefore, has been changing its stand at its Regional as well as Headquarters level in relation to who can be granted the enhanced pay scales at different points of time. Thus the respondents have created much of the confusion which could have been avoided.
28. It appears to us that interested parties within the organisation had taken the instructions of the Government of India relating to the Secretariat Services and other Services and then extended it to the classes of employees like SSO in the ESIC. It is clear that those instructions had been issued in the context of certain Headquarters Services as well as certain Stenographer and other Services and had nothing to do with organisation such as ESIC. We note that the applicants also tried in their contentions before us to rely on orders of the Principal Bench of the Tribunal in K.P.Rajagopal & Anr. vs. Union of India & Ors. in O.A.No.1095/2014, pronounced on 01.06.2016. However that order relates to an UO Note of the Ministry of Finance dated 14.12.2009 and the interpretation of the O.M dated 13.11.2009. From reading of the order it does not appeared that the case of the applicants herein has any relation to the same as it only upheld the case of the applicants therein for fixation in Pay Band PB-2 with Grade Pay Rs.4600/- with reference to the pre-revised scale of pay of Rs.7450-11500/-. Though this is supposed to have helped the applicants herein, we cannot draw a clear conclusion. On the other hand, the ESIC always had a hierarchy of posts in the three pre-revised pay scales of Rs.5000-8000/-, -40- Rs.5500-9000/- and Rs.6500-10500/-. There was no merger of posts which have existed separately in these pay scales as has been pointed out in the table furnished by the respondents in their reply statement. Hence in ESIC the functional hierarchy of feeder and promotional cadres were always separate. We do not find that there was any justification for the higher pay scales of Rs.7450-11500/- to be given at any stage. Nor can it be interpreted either from a plain reading of Annexure A-2 or Annexure A-3 O.Ms/ Memorandums or from other circulars issued by the Government of India.
29. We also note that in addition to the above observations, it has also to be considered that neither the Regional Office nor the Headquarters Office has produced any document before us to show whether they have even tried to sort out the issue or apparent confusion by reference to higher authorities. This could have been done by getting a clarification from the concerned department (DoP&T/Ministry of Finance/Department of Expenditure) in relation to the applicability and interpretation of the Annexure A-2 O.M dated 13.11.2009 and the so called confusing O.M of 16.11.2009 in relation to the applicability of grant of scale of pay of Rs.7450-11500/- to the classes of employees working within the ESIC such as SSO etc. Some decisions seems to have been taken at the Regional Level of the ESIC (Annexure A-5) almost independently without any clarification sought in this regard, which should have been done in the normal case. These observations are being made only to underline the point that this whole -41- issue could have been settled much before and that there would have been perhaps no requirement for employees to appear before the Tribunal or other Courts. Further, it is also to be noted that the O.M at Annexure A-2 for grant of revised pay structure of Grade Pay of Rs.4600/- is based substantially on the 6th CPC recommendations, which has been brought out in the 1st paragraph of the O.M. The applicants rest their case on the point that it relates to grant of revised pay structure of Grade Pay of Rs.4600/- which implies that the purpose behind the O.M was to revise the pay structure of Grade Pay of Rs.4600/- in the Pay Band PB-2 corresponding to the pre-revised scale of Rs.7450-11500/- with effect from 01.01.2006 and not just to grant the Grade Pay of Rs.4600/-. If this was the case it makes it even more incumbent that this clarifications should have been, therefore, immediately taken in this regard from the Department of Expenditure (Implementation Cell).
30. In addition to the above considerations, we note the directions of the Hon'ble Apex Court in Chandi Prasad Uniyal & Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417 wherein the Hon'ble Supreme Court in paragraph 14 had expressed its concern with the excess payment of public money which is often described as "taxpayers' money" which belongs neither to the officers who have effected overpayment nor to the recipients. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Hon'ble Supreme Court found that "any -42- amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment." Further, in Union of India & Ors. vs. Hiranmoy Sen & Ors., 2007 (8) Supreme 23 the Hon'ble Supreme Court has held that it is entirely on the Government and the authorities to fix the pay scales and to decide whether the pay scale of post B should be increased or not. It was further held that pay fixation being purely executive function, Court cannot fix pay scales.
31. In view of all the above, as we concluded earlier we do not find any merit in these O.As. In other words, we do not quash the Annexure A-1 O.M of the ESIC in O.A.No.180/325/2018 also impugned in the related cases. On this basis it is held that the fixation of the employees of the ESIC in the posts of Insurance Inspectors (SSO)/Branch Manager Grade II/Office Superintendent in the pre-revised scale of pay of Rs.7450-11500/- is not correct. The Corporation is allowed to continue its steps to cancel the same wherever it has been so given as well as undertake to recover from the employees concerned. However, this recovery is subject to, as observed earlier, the provisions of law laid down by the Hon'ble Supreme Court in Rafiq Masih (supra) read with concerned O.M of DoP&T in this regard. As we have observed earlier we also note the assurance of the ESIC that the applicants will not get any amount which is less than that which is being given to the direct recruits appointed on or after 01.01.2006. -43-
32. The O.As are accordingly dismissed. We make no order as to costs.
(Dated this the 8th day of March 2023)
K.V.EAPEN JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00174/2015
1. Annexure A-1 - True copy of the Government of India O.M. F.No.1/1/2008-IC dated 13.11.2009.
2. Annexure A-2 - True copy of the Letter No. A.27/17/1/5 th E.III dated 08.12.2009 issued by the ESI Corporation.
3. Annexure A-3 - True copy of the final order dated 08.03.2013 in O.A.No.1105/2011 on the file of this Hon'ble Tribunal
4. Annexure A-4 - True copy of the judgment dated 12.08.2013 in O.P. (CAT) No.2524/2013 on the file of the Hon'ble High Court of Kerala.
5. Annexure A-5 - True copy of the revised PPO in respect of the applicant circulated as per letter No. 54.A.40/14/412/05-Adm dated 20.12.2013 issued by the Deputy Director (Adm.) Office of the 2 nd respondent.
6. Annexure A-6 - True copy of the Office Order No. 315 of 2013 (No.
54.A-11/14/1/2013-Admn) dated 24.12.2013 issued by the Deputy Director (Adm), Office of the 2nd respondent.
7. Annexure A-7 - True copy of the Office Order No. 322 of 2013 (No.
54.A-11/14/1/2013-Admn) dated 31.12.2013 issued by the Deputy Director (Adm), Office of the 2nd respondent.
8. Annexure A-8 - A true copy of the Letter No. 54.B.11/15/2012-Adm dated 12.10.2012 issued by the Deputy Director (Adm.), Office of the 2 nd respondent.
9. Annexure A-9 - True copy of the Office Order No. 395 of 2012 (No.
54.A-11/14/1/2012-Admn) dated 31.12.2012 issued by the Deputy Director (Adm), Office of the 2nd respondent.
10. Annexure A-10 - True copy of the representation dated 01.10.2014 submitted by the applicant to the 1st respondent.
11. Annexure A-11 - True copy of the reminder dated 04.12.2014 submitted by the applicant to the 1st respondent.
12. Annexure A-12 - True copy of the representation dated 02.01.2014 submitted by the applicant.
13. Annexure A-13 - True copy of the reminder dated 15.03.2014 submitted by the applicant to the 2nd respondent
14. Annexure A-14 - True copy of the reminder dated 26.05.2014 submitted by the applicant to the 2nd respondent.
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15. Annexure A-15 - True copy of the Office Order No. 165 of 2013 (No. 54.A.27.11/14/1/2012-Admn) dated 25.06.2013 issued by the Deputy Director (Adm), Office of the 2nd respondent.
16. Annexure A-16 - True copy of the ESIC Headquarters Office clarification letter No. A-27/17/6 th CPC/5/2008-E-III dated 17.06.2013 referred to in Annexure A-15 Office Order.
17. Annexure MA-1 - True copy of the death certificate of the Original Applicant.
List of Annexures in O.A.No.1058/2013
1. Annexure A-1 - A true copy of Office Memorandum dated 13.11.2009 issued by the 4th respondent.
2. Annexure A-2 - A true copy of letter No. 54-B.11/15/2012 Adm., dated 12.10.2012 issued by the 2nd respondent.
3. Annexure A-3 - A true copy of Office Order No. 3/2013 dated 01.01.2013 issued by the office of the 3 rd respondent refixing the pay of the 1st applicant in accordance with Annexure A-1 and Annexure A-2.
4. Annexure A-4 - A true copy of Office Order No. 68/2013 dated 02.04.2013 issued by the office of the 3 rd respondent refixing the pay of the 2nd applicant in accordance with Annexure A-1 and Annexure A-2.
5. Annexure A-5 - A true copy of letter No. A-27/17/6 th CPC/5/2008- E.III dated 17.06.2013 issued on behalf of the 1 st respondent.
6. Annexure A-6 - Office Order No. 140/2013 dated 17.07.2013 issued on behalf of the 3rd respondent.
7. Annexure A-7 - A true copy of Office Memorandum dated 22.12.2010 issued by the 5th respondent.
8. Annexure A-8 - A true copy of Office Memorandum dated 16.11.2009 of the 4th respondent.
9. Annexure A-9 - Letter No. 48-A 40. 14/30/2011-Adm dated 05.09.2013 issued by the Deputy Director (Administration) in the office of the 3rd respondent.
10. Annexure A-10 - A true copy of letter No. 48-A. 40.14/10/2009-Adm dated 10.09.2013 issued by the Deputy Director (Administration) in the office of the 3rd respondent.
11. Annexure A-11 - A true copy of the representation submitted by the 1st applicant before the 1st respondent, dated 11.09.2013. -46-
12. Annexure A-12 - A true copy of the representation submitted by the 2nd applicant before the 1st respondent dated 11.09.2013. List of Annexures in O.A.No.180/00291/2015
1. Annexure A-1 - True copy of the Letter No.A.27/17/1/5 th E.III dated 08.12.2009 issued by the ESI Corporation.
2. Annexure A-2 - True copy of the Office Order No.85 of 2013 (No.54-A.27/11/14/1/2012-Adm. Dated 11.04.2013 issued by the 2 nd respondent.
3. Annexure A-3 - True copy of the representation dated 11.04.2014 submitted by the applicant to the 2nd respondent.
4. Annexure A-4 - True copy of the reply No.54-A.40/15/341/2012- Adm dated 25.04.2014 issued by the Deputy Director (Adm), Regional Office (Kerala), ESIC.
5. Annexure A-5 - True copy of the application dated 21.05.2014 under the RTI Act submitted by the applicant to the 2nd respondent.
6. Annexure A-6 - True copy of the reply received by the applicant from the Deputy Director & CPIO (RTI Act) as per Letter No.54.Z.12/14/CPIO/RTI-2013 dated 27.05.2014.
7. Annexure A-7 - True copy of the appeal dated 17.07.2014 under the RTI Act submitted by the applicant to the 2 nd respondent (Appellate Authority under the RTI Act).
8. Annexure A-8 - True copy of the reply received by the applicant from the Deputy Director & CPIO (RTI Act) as per Letter No.54- Z.12/14/CPIO/RTI-2013 dated 09.09.2014.
9. Annexure A-9 - True copy of the Order No.54-12/14/CPIO/RTI-2014 dated 13.08.2014 issued by the 2nd respondent.
10. Annexure A-10 - True copy of the representation dated 20.01.2015 submitted by the applicant to the 1st respondent.
11. Annexure R-1(a) - True copy of the OM No.7/7/08-CS.I(A) dated 22.12.2010 issued by the Government of India, Ministry of Personnel, P.G and Pension Department of Personnel & Training.
List of Annexures in O.A.No.180/00312/2017
1. Annexure A-1 - True copy of the Office Order No.552 of 2008 (No.54-A.27/11/3/2008-Adm.I) dated 18.09.2008. -47-
2. Annexure A-2 - True copy of the Government of India OM F.No.1/1/2008-IC dated 13.11.2009.
3. Annexure A-3 - True copy of the ESIC HQ Memorandum dated 08.12.2009.
4. Annexure A-4 - True copy of the Letter No. 54.A.27/11/3/2008- Adm-I dated 15.12.2009.
5. Annexure A-5 - True copy of the Office Order No.85 of 2013 (No.54.A.27/11/14/1/2012-Adm) dated 11.04.2013.
6. Annexure A-6 - True copy of the Office Order No.137/2013 (No.54.A.27/11/14/1/2012-Adm.) dated 28.05.2013.
7. Annexure A-7 - True copies of the series of Letters No.72.A.40.15.93.2015.Adm dated 30.06.2016.
8. Annexure A-8 - True copy of the Letter No.72.A.40.15.93.2015.Adm dated 01.07.2016.
9. Annexure A-9 - True copy of the ESIC Headquarters Officer Letter No.A.27/17/6th CPC/5/2008-E-III dated 28.08.2014.
10. Annexure A-10 - True copy of the representation dated 23.08.2016 submitted by the applicant.
11. Annexure A-11 - True copy of the Letter No.72.A.40.11.2013.ADM dated 23.09.2016.
12. Annexure A-12 - True copy of the representation dated 15.11.2016 submitted by the applicant.
13. Annexure A-13 - True copy of the representation dated 25.11.2016 submitted by the applicant.
14. Annexure A-14 - True copy of the Government of India OM F.No.18/03/15-Estt(Pay-I) dated 02.03.2016.
15. Annexure A-15 - True copy of the Letter No.54-B.11/15/2012-Adm dated 12.10.2012.
16. Annexure A-16 - True copy of the Officer Order No.109 of 2008 (No.54.A.11.14.1.07.Adm-I) dated 20.02.2008.
-48-List of Annexures in O.A.No.180/00337/2018
1. Annexure A-1 - True copy of the Memorandum No.A-27/23/7/AD- 2012-E-III (Part) dated 21.03.2018 issued by the Assistant Director, Headquarters, ESIC.
2. Annexure A-2 - True copy of the OM F.No.1/1/2008-IC dated 13.11.2009 issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell.
3. Annexure A-3 - True copy of the Memorandum No.A.27/17/1/5 th/98 E.III dated 08.12.2009 issued by the Assistant Director, Headquarters, ESIC, Panchdeep Bhavan:CIG Road, New Delhi - 110 002.
4. Annexure A-4 - True copy of the Memorandum No.54.A.27/11/3/2008-Adm-I dated 15.12.2009 issued by the ESIC, Regional Office (Kerala).
5. Annexure A-5 - True copy of the Letter No.54-B.11/15/2012- Adm.dated 12.10.2012 issued by the Deputy Director (ADM), ESIC, Regional Office (Kerala).
6. Annexure A-6 - True copy of the Revised Option dated 01.10.2013 submitted by the 3rd applicant to the Director (Adm.) Sub Regional Office, ESIC, Ernakulam.
7. Annexure A-7 - True copy of the Office Order No.85/2013 dated 11.04.2013 (No.54.A.27/11/14/1/2012-Adm.) issued by the Deputy Director (ADM), ESIC Regional Office (Kerala), Thrissur.
8. Annexure A-7A - True copy of the Office Order No.137/2013 (No.54.A.27/11/14/1/2012-Adm.) dated 28.05.2013 issued by the Deputy Director, ESIC Regional Office (Kerala).
9. Annexure A-7B - True copy of the Office Order No.112 of 2013 dated 15.10.2013 issued by the Sub Regional Officer (Ernakulam), ESIC.
10. Annexure A-7C - True copy of the Office Order No.116 of 2013 dated 25.10.2013 issued by the Sub Regional Office (Ernakulam), ESIC.
11. Annexure A-7D - True copy of the Office Order No.115 of 2013 dated 24.10.2013 issued by the Sub Regional Office (Ernakulam), ESIC.
12. Annexure A-7E - True copy of the Office Order No.111 of 2013 dated 15.10.2013 issued by the Sub Regional Office (Ernakulam), ESIC.
13. Annexure R-1(a) - True copy of the OM No.8-23/2017-E.IIIA dated 28.09.2018 issued by the Government of India.
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14. Annexure R-1(b) - True copy of the Memorandum No.A- 27/12/1/2016-E.III dated 13.11.2018 issued by the ESIC Hqrs.
15. Annexure R-1(c) - True copy of the Office Memorandum No.38/33/12-P&PW(A) dated 04.01.2019 issued by the Government of India.
16. Annexure R-1(d) - True copy of the Memorandum No.A.27/17/1/7 th CPC/4/2017-E.III dated 21.01.2019 issued by the ESIC Headquarters.
17. Annexure R-1(e) - True copy of the Audit Observations of the office of the Director General of Audit, Central Expenditure. List of Annexures in O.A.No.180/00349/2018
1. Annexure A-1 - True copy of the Memorandum No. A-27/23/7/AD- 2012-E-III(Part) dated 21.03.2018 issued by the Assistant Director, Headquarters, ESIC, Panchdeep Bhavan : CIG Road, New Delhi - 110 002.
2. Annexure A-2 - True copy of the OM F. No. 1/1/2008-IC dated 13.11.2009 issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell.
3. Annexure A-3 - True copy of the Memorandum No. A-27/17/1/5 th/98 E III dated 08.12.2009 issued by the Assistant Director, Headquarters, ESIC, Panchdeep Bhavan, CIG Road, New Delhi - 110 002.
4. Annexure A-4 - True copy of the Memorandum No.
54.A.27/11/3/2008-Adm-I dated 15.12.2009 issued by the ESIC, Regional Office (Kerala).
5. Annexure A-5 - True copy of the letter No. 54-B.11/15/2012-Adm., dated 12.10.2012 issued by the Deputy Director (ADM), ESIC, Regional Office (Kerala).
6. Annexure A-6 - True copy of the Revised option dated 25.10.2012 submitted by the 1st applicant to the Regional Director (Adm.) Regional Office, ESIC, Thrissur.
7. Annexure A-7 - True copy of the Office Order No. 85/2013 dated 11.04.2013 (No. 54.A.27/11/14/1/2012-Adm.) issued by the Deputy Director (ADM), ESIC Regional Office (Kerala) Thrissur.
8. Annexure A-8 - True copy of the Office Order No. 137/2013 (No.54.A.27/11/14/1/2012-Adm) dated 28.05.2013 issued by the Deputy Director, ESIC Regional Office (Kerala).
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9. Annexure A-9 - True copy of the U.O. Note No. 54.A.40/15/ 606/2014-Adm dated 03.08.2015 issued by the Deputy Director (ADM) with copy to the 1st applicant.
10. Annexure A-10 - True copy of the letter No. 54-A.40/15/606/2014- Adm dated 10.08.2015 issued by the Deputy Director (ADM), Regional Office (Kerala), ESIC, Thrissur and addressed to the 1st applicant.
11. Annexure A-11 - True copy of the letter No. A-27/17/6 th CPC/ 5/2008-E-II(P/F) dated 01.05.2015 issued by the Assistant Director, Headquarters, ESIC, New Delhi.
12. Annexure A-12 - True copy of the letter No. A.27/17/6 th CPC/5/2008-E.III dated 28.08.2014 issued by the Assistant Director, Headquarters, ESIC, New Delhi.
13. Annexure A-13 - True copy of the representation dated 23.12.2015 submitted by the 1st applicant to the Regional Director (Adm), Regional Office (Kerala), ESIC, Thrissur.
14. Annexure A-14 - True copy of the letter No. 54.A.11/14/2013-Adm., dated 19.01.2016 issued by the Deputy Director (Adm), Regional Office (Kerala), ESIC, Thrissur.
15. Annexure R-1(a) - True copy of the OM No.8-23/2017-E.IIIA dated 28.09.2018 issued by the Government of India.
16. Annexure R-1(b) - True copy of the Memorandum No.A- 27/12/1/2016-E.III dated 13.11.2018 issued by the ESIC Hqrs.
17. Annexure R-1(c) - True copy of the Office Memorandum No.38/33/12-P&PW(A) dated 04.01.2019 issued by the Government of India.
18. Annexure R-1(d) - True copy of the Memorandum No.A.27/17/1/7 th CPC/4/2017-E.III dated 21.01.2019 issued by the ESIC Headquarters.
19. Annexure R-1(e) - True copy of the Audit Observations of the office of the Director General of Audit, Central Expenditure. List of Annexures in O.A.No.180/00325/2018
1. Annexure A-1 - True copy of the Memorandum No.A-27/23/7/AD- 2012-E-III(Part) dated 21.03.2018 issued by the Assistant Director, Headquarters, ESIC.
2. Annexure A-2 - True copy of the O.M.F.No.1/1/2008-IC dated 13.11.2009 issued by the Government of India.
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3. Annexure A-3 - True copy of the Memorandum No.A.27/17/1/5 th/98- E-III dated 08.12.2009 issued by the Assistant Director, Headquarters, ESIC.
4. Annexure A-4 - True copy of the Memorandum No.54.A.27/11/3/2008-Adm-I dated 15.12.2009 issued by the ESIC, Regional Office (Kerala).
5. Annexure A-5 - True copy of the Letter No.54-B.11/15/2012-Adm., dated 12.10.2012 issued by the Deputy Director (ADM), ESIC.
6. Annexure A-6 - True copy of the Revised Option dated 25.10.2012 submitted by the 1st applicant to the Regional Director (Adm.) Regional Office, ESIC, Thrissur.
7. Annexure A-7 - True copy of the Office Order No.85/2013 dated 11.04.2013 (No.54.A.27/11/14/1/2012-Adm.) issued by the Director Director (ADM.), ESIC.
8. Annexure A-8 - True copy of the Office Order No.137/2013 (No.54.A.27/11/14/1/2012-Adm.) dated 28.05.2013 issued by the Deputy Director, ESIC.
9. Annexure R-1(a) - True copy of the OM No.8-23/2017-E.IIIA dated 28.09.2018 issued by the Government of India.
10. Annexure R-1(b) - True copy of the Memorandum No.A- 27/12/1/2016-E.III dated 13.11.2018 issued by the ESIC Hqrs.
11. Annexure R-1(c) - True copy of the Office Memorandum No.38/33/12-P&PW(A) dated 04.01.2019 issued by the Government of India.
12. Annexure R-1(d) - True copy of the Memorandum No.A.27/17/1/7 th CPC/4/2017-E.III dated 21.01.2019 issued by the ESIC Headquarters.
13. Annexure R-1(e) - True copy of the Audit Observations of the office of the Director General of Audit, Central Expenditure. List of Annexures in O.A.No.180/00520/2018
1. Annexure A-1 - True copy of the Memorandum No.A-27/23/7/AD- 2012-E-III (Part) dated 21.03.2018 issued by the Assistant Director, Headquarters, ESIC.
2. Annexure A-2 - True copy of the OM F.No.1/1/2008-IC dated 13.11.2009 issued by the Government of India, Ministry of Finance. -52-
3. Annexure A-3 - True copy of the Memorandum No.A.27/17/1/5 th/98 E.III dated 08.12.2009 issued by the Assistant Director, Headquarters, ESIC.
4. Annexure A-4 - True copy of the Memorandum No.54.A.27/11/3/2008-Adm-I dated 15.12.2009 issued by the ESIC, Regional Office (Kerala).
5. Annexure A-5 - True copy of the Letter No.54-B.11/15/2012- Adm.dated 12.10.2012 issued by the Deputy Director (ADM), ESIC, Regional Office (Kerala).
6. Annexure A-6 - True copy of the Office Order No.85/2013 dated 11.04.2013 (No.54.A.27/11/14/1/2012-Adm.) issued by the Deputy Director (ADM), ESIC Regional Office (Kerala), Thrissur.
7. Annexure A-7 - True copy of the Office Order No.137/2013 (No.54.A.27/11/14/1/2012-Adm.) dated 28.05.2013 issued by the Deputy Director, ESIC Regional Office (Kerala).
8. Annexure A-8 - True copy of the letter No.A-27/17/6 th CPC/5/2008- E-III(P/F) dated 01.05.2015 issued by the Assistant Director, Headquarters, ESIC, New Delhi.
9. Annexure A-9 - True copy of the letter No.A.27/17/6 th CPC/5/2008- E.III dated 28.08.2014 issued by the Assistant Director, Headquarters, ESIC, New Delhi.
10. Annexure R-1(a) - True copy of the OM No.8-23/2017-E.IIIA dated 28.09.2018 issued by the Government of India.
11. Annexure R-1(b) - True copy of the Memorandum No.A- 27/12/1/2016-E.III dated 13.11.2018 issued by the ESIC Hqrs.
12. Annexure R-1(c) - True copy of the Office Memorandum No.38/33/12-P&PW(A) dated 04.01.2019 issued by the Government of India.
13. Annexure R-1(d) - True copy of the Memorandum No.A.27/17/1/7 th CPC/4/2017-E.III dated 21.01.2019 issued by the ESIC Headquarters.
14. Annexure R-1(e) - True copy of the Audit Observations of the office of the Director General of Audit, Central Expenditure. List of Annexures in O.A.No.180/00518/2018
1. Annexure A-1 - True copy of the Government of India OM F.No.1/1/2008-IC dated 13.11.2009.
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2. Annexure A-2 - True copy of the Letter No.A.27/17/1/5 th E.III dated 08.12.2009 issued by the ESI Corporation.
3. Annexure A-3 - True copy of the Letter No.54.B.11/15/2012-Adm dated 12.10.2012 issued by the Deputy Director (Adm), Office of the 2 nd respondent.
4. Annexure A-4 - True copy of the ESIC Headquarters Office Clarification Letter No.A-27/17/6 th CPC/5/2008-E-III dated 17.06.2013.
5. Annexure A-5 - True copy of the representation dated 25.07.2013 submitted by the applicant to the 1st respondent.
6. Annexure A-6 - True copy of the representation 11.05.2015 submitted by the applicant to the 1st respondent.
7. Annexure R-1(a) - True copy of the OM No.8-23/2017-E.IIIA dated 28.09.2018 issued by the Government of India.
8. Annexure R-1(b) - True copy of the Memorandum No.A- 27/12/1/2016-E.III dated 13.11.2018 issued by the ESIC Hqrs.
9. Annexure R-1(c) - True copy of the Office Memorandum No.38/33/12-P&PW(A) dated 04.01.2019 issued by the Government of India.
10. Annexure R-1(d) - True copy of the Memorandum No.A.27/17/1/7 th CPC/4/2017-E.III dated 21.01.2019 issued by the ESIC Headquarters.
11. Annexure R-1(e) - True copy of the Audit Observations of the office of the Director General of Audit, Central Expenditure.
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