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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 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 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 corporation shall be liable for All India Transfer.

12. Subsequent to the decision taken in the 174th meeting on 29.5.2018, the ESIC decided to do away this distinc 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 Me 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 No.433/2021/CAT/BANGALORE BENCH Government permits so. In other words, all medical Doctors in ESIC, including the absorbed employees, 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 applicants have been promoted to CMO (NFSG) under the DACP scheme vide impugned order dated 04.12.2020 (Annexure A A-11 & A-12).