Document Fragment View

Matching Fragments

applicants are entitled for the same relief as has been granted by the CAT, Principal Bench in OA No. 3227/2011 as the judicial propriety demands that the same relief are to be granted.

12. In view of the above position, the respondents are directed to consider the case of the applicant as per the judgment passed by the Principal Bench of this Tribunal in Original Application No. 3227/2011 from the date of promotion to the post of Plaster Assistants & further give the effect of the same in the pay of Plaster Technician & thereafter extend the benefit of 7™ pay commission, along with all consequential benefits."

6. From perusal of the order of Jabalpur Bench of this Tribunal as well as the order of the Hon'ble High Court of Madhya Pradesh at Jabalpur in the aforesaid cases, it is clear that the issue was not dealt with on merits. The Jabalpur Bench of this Tribunal directed the respondents to consider the case of the applicants therein as per the judgment passed by the Principal Bench of this Tribunal in O.A. No. 3227/2011 from the date of promotion to the post of Plaster Assistants & further give the effect of the same in the pay of Plaster Technician & thereafter extend the benefit of 7™ pay commission, along with all consequential benefits, on the ground of parity only. NATHU LAL Digitally KUMAWAT signed by NATHU LAL Reason: your signing reason here KUMAWAT Date: 2026.02.27 11:24:36+05'30' OA No. 779/2024, OA No. 777/2024, OA No. 780/2024, OA No. 781/2024 & OA No. 778/2024 The Hon'ble High Court of Madhya Pradesh at Jabalpur disposed off the Misc. Petition No. 3645/2022 filed against the aforesaid order of Jabalpur Bench of the Tribunal date 21.02.2022 stating that "this Court declines to enter into merits of the matter and leave it to the High Court of Delhi to decide the legality and validity of the order of the Principal Bench of Tribunal".

12. The respondents in their reply have stated that they had only given the benefit of judgment/order dated 19.12.2013 passed by the Principal Bench of this Tribunal in the case of Brham Pal (supra) in persona and not in rem and that too subject to the outcome of the Writ Petition No. NATHU LAL Digitally KUMAWAT signed by NATHU LAL Reason: your signing reason here KUMAWAT Date: 2026.02.27 11:24:36+05'30' OA No. 779/2024, OA No. 777/2024, OA No. 780/2024, OA No. 781/2024 & OA No. 778/2024 18/2015 pending (at that time) before the Hon''ble High Court of Delhi. They have also tried to distinguish the case of the present applicant from those applicants in OA No. 3227/2011- Brham Pal (supra) relied upon by the applicant in the present O.A. and have stated that the judgment dated 19.12.2013 passed by the Principal Bench of this Tribunal was in relation to Plaster Assistants who were at the relevant time in Pay Level-3, thereafter, the Recruitment Rules were amended on 08.01.2022 and Lab Assistants (Plaster Assistants) have been placed in Pay Level-5 and presently the applicant is drawing his salary in Pay Level-5. The ESIC Headquarter issued Circular dated 11.01.2022 thereby changing the nomenclature for the post of Lab Assistant and Pay Matrix pursuant to Gazette Notification dated 08.01.2022. As a result of amendment in the recruitment rules and change in Pay Matrix, the applicant is already drawing higher pay. The respondents further stated that at the time of pay fixation of the applicant on promotion to the post of Plaster Assistant in running pay band of Rs. 5200-20200 with Grade Pay of Rs. 2000/-, no objection whatsoever was raised by the applicant. They have also stated that ESIC is required to grant pay scale to its employees as prescribed in relevant Recruitment Regulations. Recruitment Regulations for the post of Plaster NATHU LAL Digitally KUMAWAT signed by NATHU LAL Reason: your signing reason here KUMAWAT Date: 2026.02.27 11:24:36+05'30' OA No. 779/2024, OA No. 777/2024, OA No. 780/2024, OA No. 781/2024 & OA No. 778/2024 Assistants and Plaster Technicians have prescribed for the pay Level-03 and 04 respectively and the same is being granted to the applicants. Therefore, the applicants are not eligible for higher grade pay. Furthermore, Section 17 (2) of E.S.I. Act, 1948, stipulates as "[(2)(a) The method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the Corporation shall be such as may be specified in the regulations made by the Corporation in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scale of pay. xxxx". Moreover, as per available record, the demanded pay scales have even not been granted, except in persona, under any orders of the Hon'ble Courts, to their counterparts in Central Health Services Institutes like RML and Safdarjung Hospital wherein Plaster Assistant and Plaster Technician are Group 'C' posts with Pay Level-03 and

14. Learned counsel for the applicant has verbally stated that the applicant joined the services in the year 2011 and was promoted on the post of Plaster Assistant in the year 2020. Whereas, the judgment on which the applicant is relying was passed by the Principal Bench of this Tribunal on 19.12.2013. The applicants therein (before the Principal Bench of this Tribunal) were seeking the benefits under 5 Central Pay Commission i.e. the scale of pay Rs. 4000-6000, which was notified by the Central Government on 30.09.1997 for the technical posts. The applicant herein has completely failed to even establish that his case is similar to the above mentioned O.A. No. 3227/2011- Brham Pal (supra) which he has been relying upon and he has not at all been able to rebut and distinguish the specific contention of the respondents that the above judgment was passed in the year 2013 regarding Plaster Assistants who NATHU LAL Digitally signed by NATHU LAL KUMAWAT Reason: your signing reason here KUMAWAT Date: 2026.02.27 11:24:36+05'30' OA No. 779/2024, OA No. 777/2024, OA No. 780/2024, OA No. 781/2024 & OA No. 778/2024 were at the relevant time in pay level-03 and thereafter recruitment rules were amended and Laboratory Assistants (Plaster Assistants) had been placed at Pay Level-5, consequently, the applicant is drawing higher salary in Pay Level-5. In view of this, the applicant has failed to establish his case on merits. In view of the above observations, we do not find it a fit case for interference.