Disposed

Satya Prakash v. the Union of India through the Secretary Department of Ministry of Labour and Employment

Jharkhand HC22 Nov 2024WPC/3607/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition seeking directions to ESIC regarding the qualification standards and employment of diagnostic service personnel for Junior Medical Lab Technologist posts, directing the petitioner to file a fresh representation to the concerned Regional Director.

What did the court decide?

Petitioner granted liberty to file a fresh representation within two weeks; the representation must be decided within 12 weeks.

Satya Prakash Vs the Union of India… — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No. 3607 of 2024

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Satya Prakash, aged about 32 years, son of Shri Nand Kishor Prasad, resident of Kokar, near Gayatri Mandir, P.O. and P.S. Kokar, District-Ranchi. ..… Petitioner

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Versus

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The Union of India, through the Secretary, Department of Ministry of Labour and Employment, Sharma Shakti Bhawan, Rafi Marg, New Delhi, P.O. and P.S. New Delhi, New Delhi-110001.

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The Secretary, Department of Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, P.O. & P.S.- New Delhi, New Delhi-108

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The Employees State Insurance Corporation, through its Director General, Head Quarters Office, Panchadeep Bhawan, C.I.G. Marg, P.O. and P.S.- New Delhi, New Delhi-110002

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The Chairperson, National Commission Allied and Healthcare Profession, Room No. 145-A, Nirman Bhawan, New Delhi, P.Ο. & P.S.- New Delhi-108

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The Regional Director, Regional Office ESIC, Ranchi, P.O. and P.S.- Namkum, District- Ranchi- 834010, Jharkhand

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The Zonal Medical Commissioner, ESIC East Zone, Ranchi, P.O. & P.S.- Namkum, District- Ranchi- 834010, Jharkhand.

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The Public Grievance Officer, Regional Office ESIC, Ranchi, P.O. & P.S.- Namkum, District- Ranchi- 834010 ..... Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mrs. Rakhi Rani, Adv For the Respondent : Mr. Ashutosh Anand, Adv For the UOI : Mr. Ravi Prakash, CGC

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06/22.11.2024

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Heard learned counsel for the parties.

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That the instant writ application has been preferred

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by the petitioner for the following reliefs:

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A. For issuance of an appropriate writ(s)/order(s)/direction(s) commanding upon the respondents more particularly respondent no. 3, Employee State Insurance Corporation (hereinafter to be referred as ESIC) to provide diagnostic service to it's beneficiaries including this petitioner and their dependents from eligible/qualified/technical persons, who are possessing the requisite qualification as per 7th Central Pay Commission (CPC) recommendation, for the post of Junior Medical Lab Technologist/ Lab Assistant in ESIC Hospitals all over India.

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B. For issuance of an appropriate writ(s)/order(s)/direction(s) commanding upon the respondent ESIC not to allow the non-technical persons, who are not possessing the requisite qualification, as per 7th CPC recommendation to discharge the duty of technical nature on the post of Junior Medical Laboratory Technologist (Jr. MLT)/ Laboratory Assistant in ESIC Hospitals.

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After some argument, learned counsel for the petitioner submits that interest of justice would be sufficed by directing the concerned respondent to decide the issue involved in the instant case.

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Learned counsel for the respondent-ESIC submits that the petitioner may be directed to file a fresh representation before the respondent No. 5 who shall decide the issue involved in this case.

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Having regard to the limited submission of learned counsel for the parties, the instant writ application is,

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hereby, disposed of by giving liberty to the petitioner to file a fresh representation within a period of two weeks and if any such representation is preferred before the respondent no.5 the same shall be disposed of within a period of 12 weeks from the date of receipt of copy of the representation.

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It goes without saying that, if the respondents are intending to take any decision in accordance with the issue involved in this writ application the same shall be taken in accordance with the applicable rule and regulations.

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6. With the aforesaid observations the instant writ application stands disposed of. Pending I.A. If any also stand disposed of.

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(Deepak Roshan, J.)

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Amardeep/

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Satya Prakash v. the Union of India through the Secretary Department of Ministry of Labour and Employment

Case brief

What is this about?

What did the court decide?

Satya Prakash v. the Union of India through the Secretary Department of Ministry of Labour and Employment

Case brief

What is this about?

What did the court decide?

What the court decided

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