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d) All the Applicants are qualified operation theatre technicians having Diploma in O.T. Technologies with enough experiences and higher qualifications qualified to be appointed to the still higher grade & posts, such as Senior O.T. Technicians/Senior Technical Assistants.

e) The ESIC has fixed the Grade Pay of some of the O.T. Assistants, Lab.

Assistants, Plaster Assistants & Jr. Radiographers at Rs. 2400/- from the date of their joining service in pursuance to various orders passed by this Tribunal and courts as detailed in the following table. Sl. No. True copies of the various orders/ records Annexures 1 Order dated 19.02.2009 in OA.No.1114/2008, A-4 MA.No.891/2008 of the Tribunal 2 Order dated 13.11.2014 in OA.No. 236/2014 with A-5 connected matters of the Principal Bench of this Tribunal 3 Order dated 18.01.2017 in OA.No. 170/01183-01207/2015 A-6 of the Principal Bench of this Tribunal 4 Order dated 19.12.2013 in OA.No. 3227/2011 of the A-7 Principal Bench of this Tribunal 5 Order dated 04.02.2019 in OA.No. 310/00427/2017 of the A-8 Chennai Bench of this Tribunal 6 Office Order No.71 of 2014 E-I (M) dated 21.04.2014 A-9 issued by the Directorate (Medical), Delhi, ESIC Scheme. 7 ESIC letter No.Z-11/ 12/ 3/ MISC/ Paramedical/ 2019/ A-10 Med. VI dated 08.07.2019 in Hindi and its near translation, marked together 8 Order dated 19.12.2019 in OA. No. 170/0980/2019 of the A-11 Bangalore Bench of this Tribunal OA.No.346/2022/CAT/Bangalore Bench Sl. No. True copies of the various orders/ records Annexures 9 Order dated 21.03.2022 in WP. No.1877/2021 with A-12 connected matters of the Hon'ble High Court of Karnataka. 10 ESIC letter No.C-18/11/45/Plaster Assistant/2019 Med-6 A-13 (Legal) dated 09.05.2022 11 Regional Director, ESIC, Bengaluru's letter dated A-14 18.05.2022 12 Order No.132 of 2016 E-I(M) dated 15/16.06.2016 of the A-15 Directorate (Medical), Delhi, ESIC Scheme.

10. The orders of this Tribunal in OA.No.2995/2014 dated 19.4.2016, granting parity to OT Assistants and CSSD/CSR Assistants with Plaster Assistants and Laboratory Assistants was challenged by the respondents before the High Court of Delhi in WP.No.18/2015. It is noted that this matter along with all other connected matters relating to parity of Grade Pay between Laboratory Assistants, Plaster Assistants, OT/CSR/CSSD Assistants is still pending consideration in various Writ Petitions filed by the respondents before the Hon'ble High Court of Delhi and the matter has not yet reached finality.

15. The Hon'ble High Court of Karnataka vide its order dated 21.03.2022 in WP. No.1877/2021 & other connected cases has also directed to grant Grade Pay of Rs.2400/-, to the concerned respondents (Plaster Assistants), subject to they filing an undertaking before the second petitioner that the provisional payment shall be subject to outcome of WP. No.18/2015 before the Delhi High Court and any further proceedings thereon.

16. As can be seen from the history of various litigations pending before the Hon'ble High Courts and Central Administrative Tribunals, the primary issue which is yet to be finally decided is whether the applicants can claim parity of pay scales and Grade pay between OT Assistants, CSSD/CSR Assistants, Laboratory Assistants and Plaster Assistants.

25. The matter regarding equivalence of pay scales and Grade Pay between Plaster Assistants, Lab Assistants, OT Assistants, CSSD/CSR Assistants has, therefore, not yet reached finality and these matters are still pending in WP. No. 18/2015 and other connected Writ Petitions before the Delhi High Court.

26. Since the matters regarding pay parity are still pending consideration and have not reached finality, it cannot be concluded at this stage, that the applicants are entitled to the Grade Pay of Rs.2400/- for the post of OT/CSR/CSSD Assistants on par with Plaster Assistants.