OA-4079/2012 and MA-3445/2012. Case: Vinesh D. Meshram Vs Union of India. Central Administrative Tribunal

Case NumberOA-4079/2012 and MA-3445/2012
CounselFor Appellant: P.M. Saini for Ranbir Yadav, Advocate and For Respondents: Sonam Anand for Yakesh Anand, Advocate
JudgesG. George Paracken, Member (J) and Shekhar Agarwal, Member (A)
IssueConstitution of India - Articles 14, 16; Employees' State Insurance Act, 1948 - Section 17(2)(a)
Judgement DateJuly 17, 2014
CourtCentral Administrative Tribunal


Shekhar Agarwal, Member (A), (Principal Bench, New Delhi)

  1. MA-3445/2012 has been filed for joining together in one application. For the reasons stated therein, the same is allowed.

  2. The applicants are working as Senior Lab Technicians in the pay scale of Rs.4500-7000 in ESI Hospitals under the control of Director General of ESI Corporation. They have stated that the ESI Corporation is a Statutory Body set up under ESI Act, 1948 and falls under the Ministry of Labour, Government of India. As per Section- 17(2)(a) of the Act, the service conditions of the employees of the Corporation shall be such as may be specified in the Regulations made by the Corporation in accordance with Rules and Orders applicable to equivalent employees and officers of the Central Government. As such, they are also entitled to benefits of ACP Scheme after completion of 12/24 years of regular service as was given to Central Government employees after the V Central Pay Commission. The respondents, however, allowed first and second ACPs to the applicants in the same pay scale of Rs.4500-7000 without any financial upgradation. The applicants then drew the attention of the respondents to the first and second ACP benefits granted by Dr. RML Hospital and Safdarjung Hospital. Both these hospitals had given their Lab Technicians pay scales of Rs.5500-9000 and Rs.6500-10500 after completion of 12/24 years of service. The applicants then filed OA-1615/2009 before this Tribunal praying for grant of same pay scales. This Tribunal vide its judgment dated 01.07.2009 directed the respondents to decide the representation of the applicant within three months. When the respondents were not complying with the order, the applicants filed Contempt Petition before this Tribunal. The contemnor then appeared before the Tribunal and placed before it the order dated 10.03.2010 by which the Sr. Lab Technicians were granted the pay scale of Rs.4500-7000 as ACP benefit. The applicants then filed OA-1024/2011 before this Tribunal praying for quashing of the order dated 10.03.2010. This Tribunal vide its order dated 29.11.2011 directed the Ministry of Labour to take a final view on the subject after considering all relevant aspects and pass a reasoned and speaking order. In compliance thereof, the respondents passed order dated 13.02.2012 (impugned order) by which they rejected the demand of the applicants on the ground that the same has not been given in CGHS. The applicants also...

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