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c) There were 184 Medical Officers, who opted for Institutional/State Seniority across all taken taken-over hospitals.

Many of these Medical cal Officers requested for grant of opportunity to change their option as they lost considerable promotional avenues post implementation of DACP w.e.f. 1/3/2008.

d) ESIC in its meeting held on 29.05.2018, decided to do away with the Institutional/State seniority eniority and decided that each & every absorbed Medical Officer will be placed under All India seniority in order to have equal opportunity of being promoted to the scales of NFSG & SAG. It was further decided that, if any representations are received from any of the absorbed MOs to still place them in institutional/State seniority, the Corporation shall have no objection for their repatriation to their parent organization, if the respective State Government permits so. The employees remaining in the corpor corporation shall be liable for All India Transfer.

seniority. They were eligible for promotion beyond the level of CMO i.e. NFSG & SAG only if they opted for All India seniority. This was as per the terms and conditions of absorption offered to them at the time of their absorption under ESIC.

9. This absorption had taken place on 11.2.2010. The DACP scheme which provided for upgradation upto the level of SAG, had been notified on 29.10.2008. Hence, it is apparent that the applicants were fully aware of the DACP scheme as well as the fact that they woul would not be eligible for upgradation beyond CMO if they opt for Institutional Seniority at the time of their absorption.

12. Subsequent to the decision taken in the 174th meeting on 29.5.2018, the ESIC ESIC decided to do away this distinction and placed all the absorbed Medical Officers in All India seniority in order to grant every absorbed employee equal opportunity of being promoted to the grade of CMO (NFSG) and SAG, under the DACP scheme. It was also decided that in case any of the Medical Officers still wants to be placed under Institutional/State Seniority, they may be allowed to repatriate to their parent organisation if the respective State Government permits so. In other words, all medical Doctors in ESIC, including the absorbed employees, were placed under All India seniority with equal opportunity of promotion to the scales of CMO (NFSG) and SAG under DACP with effect from 1.6.2018. It is consequent to this decision taken by the ESIC that the app applicants have been promoted to CMO (NFSG) under the DACP scheme vide impugned order dated 04.12.2020 (Annexure A A-11 & A-12).