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14. Keeping in view the above, the contention of the applicant that he should be allowed to continue in Institutional Seniority after claiming DACP benefits and accepting higher pay scale at Level 13 is without any basis and cannot be accepted.

15. The 2nd contention of the applicant is that he has been transferred to a lower post at Level 10 at ESIC, Rudrapur, whereas he holds the post in Level 13 after grant of DACP at ESIC, Bangalore. This aspect has already been clarified by the respondents in their reply, wherein it is clearly stated that the posts in the entire cadre of ESIC are sanctioned in the base cadre posts of Level 10 in the case of Insurance Medical Officers, which is also the cadre of the applicant. The number of posts in higher scales of level 11, Level 12, Level 13 or Level 14 get automatically get revised in accordance to number of Medical Officers holding such higher posts on the basis of their promotion under DACP. The applicant would be entitled to the pay and pay scale already granted to him on account of DACP at Bangalore. Hence he would not suffer from any liability in terms of reduced pay subsequent to his transfer to Rudrapur. The contention of the applicant, that he is being transferred to a lower post is, therefore, misconceived and cannot be accepted.