Document Fragment View

Matching Fragments

e) DACP scheme was also extended to SAG level in respect of Central Health Services and Dental Doctors under the Ministry of Health and Family Welfare vide orders dated 29.10.2008.

f) The DACP scheme for ESIC Doctors provides promotion without linkage to vacancies but based on the residency period as given in the scheme.

g) At the time when the Rajajinagar ESI Hospital came to be taken over by ESIC New Delhi from the Karnataka Government in the absorption exercise, a condition was laid down to the effect that Doctors who are joining the ESIC from Karnataka Govt., require to opt either for Institutional seniority or All India seniority. Institutional seniority means remaining in Rajajinagar ESI Hospital till their retirement with the benefits of promotion restricted to the level of Chief Medical OA.No.173/2022/CAT/Bangalore Bench Officer while the Doctors with All India seniority could go up to SAG level under the DACP Scheme.

i) Against the view taken by this Tribunal, ESIC approached Karnataka High Court in WP No.38705/2017 (S-CAT). The Hon'ble High Court by its final orders dated 07.09.2017 modified this Tribunal's order relegating the matter to the Government for taking a decision in the matter on the basis of the DACP Scheme dated 29.10.2008. Karnataka High Court was of the view that, this Tribunal erred in law in considering the claim itself on merits.

j) In response to the directions issued by the Karnataka High Court as above, ESIC on 01.11.2017 passed a speaking order reiterating its stand of DACP benefit up to CMO level only for those Doctors who had opted for Institutional seniority. This speaking order (Ann-A8) became the subject matter of challenge in OA 158/2018 filed on 20.02.2018 before this Tribunal. During the pendency of this OA, certain developments took place at the end of ESIC. In view of the developments, the speaking order Ann-A8 dated 01.11.2017 turned OA.No.173/2022/CAT/Bangalore Bench redundant. Accordingly, OA 158/2018 came to be withdrawn by the said applicant with liberty to work out the other claims, if any, arising out of the promotion of Chief Medical Officer, extended in case of that applicant w.e.f 2.4.2013.

o) The scheme does not envisage placement in higher scales under DACP on notional basis, whereas the ESIC has chosen to extend the benefit of CMO (NFSG) promotion under Ann-A1l & A12 to the applicants herein on notional basis from the dates indicated under column no.5 of the said orders with actual financial benefits accruing out of such placements only from 01.06.2018 attributing the same to the decision of ESIC in this regard in its 174th meeting referred to above.

12. Subsequent to the decision taken in the 174th meeting on 29.5.2018, the 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 applicants have been promoted OA.No.173/2022/CAT/Bangalore Bench to CMO (NFSG) under the DACP scheme vide impugned order dated 04.12.2020 (Annexure A-11 & A-12).