Disposed

Babu S v. Employees State Insurance Corporation Head Quarters

Kerala HC5 Mar 2019OP (CAT)/128/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an Original Petition challenging a sentence in a CAT order. The court modified the impugned order by deleting the specific provision setting aside the absorption of certain UDCs as Assistants, finding no grievance for other respondents as their seniority was unaffected. The petitioner's claim for seniority was not abandoned.

What did the court decide?

Deleted the penultimate sentence in Ext.P5 order regarding the petitioner; Original petition disposed.

Babu S Vs Employees State Insurance… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE A.M.BABU

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TUESDAY,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940

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OP (CAT).No. 128 of 2016

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AGAINST THE ORDER DATED 25-02-2016 IN OA 180/00943/2014

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OF THE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/8TH RESPONDENT IN O.A.:

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BABU S.,AGED 55 YEARS, S/O.SADANANDAN P., ASSISTANT, ESIC HOSPITAL, PARIPPALLY, KOLLAM DISTRICT-691 574, RESIDING AT SARASWATHI VILAS, OZHUKUPARAKKAL P.O., AYUR, KOLLAM DISTRICT.

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BY ADV. SRI.P.V.MOHANAN

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RESPONDENTS/RESPONDENTS 1 TO 7 & APPLICANTS IN O.A.:

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1 EMPLOYEES STATE INSURANCE CORPORATION HEAD QUARTERS OFFICE,REPRESENTED BY ITS DIRECTOR GENERAL, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110 002.

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2 THE DIRECTOR GENERAL,EMPLOYEES STATE INSURANCE CORPORATION HEAD QUARTERS OFFICE PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110 002.

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3 THE REGIONAL DIRECTOR, REGIONAL OFFICE (KERALA), ESIC, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND,THRISSUR-680 020.

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4 JAYAPRAKSH V.,ASSISTANT, ESIC BRANCH OFFICE, EZHUKONE, KOLLAM DISTRICT, PIN-691 505.

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5 UDAYA KOMALAN S.,ASSISTANT, ESIC BRANCH OFFICE, CHATHANNOOR, KOLLAM DISTRICT - 691 572.

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6 SANILKUMAR K.,ASSISTANT,ESIC HOSPITAL, PARIPPALLY, KOLLAM DISTRICT - 691 574.

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OP(CAT) No. 128/2016

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7 VIJAYAN M.,ASSISTANT,ESIC HOSPITAL, PARIPPALLY, KOLLAM DISTRICT-691 574.

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8 C.K.BHAGYALAKSHMY,ASSISTANT, SUB REGIONAL OFFICE, ESI CORPORATION, ERNAKULAM - 682 018.

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9 N.S.PUSHPAVATHY,HEAD CLERK, ESI CORPORATION, BRANCH OFFICE, FORT KOCHI - 682 001.

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10 A.N.SULOCHANA,ASSISTANT, SUB REGIONAL OFFICE, ESI CORPORATION, ERNAKULAM-682 018.

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ADDL. THE DEPUTY DIRECTOR (RECRUITMENT) 11 HEADQUARTERS OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI – 110 002.

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ADDITIONAL R11 IS IMPLEADED AS PER ORDER DAED 01.08.2016 IN I.A.955/16.

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BY ADVS. SRI.BENOJ C AUGUSTIN SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.VISHNU BHUVANENDRAN OTHER PRESENT:

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SRI. T.V.AJAYAKUMAR-SC

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(CAT) No. 128/2016

JUDGMENT

Chitambaresh, J.

The principal issue before the tribunal was the inter se seniority between the petitioner and respondents 4 to 10 in this original petition. The petitioner has not given up his claim for seniority though he is aggrieved by the penultimate sentence in Ext.P5 order of the tribunal impugned which reads as follows:

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“The absorption of UDCs (respondent Nos. 6 to 8 in O.A.No. 180/949/2014) as Assistants in ESI Corporation is hereby set aside.”

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Firstly, the absorption of the petitioner in ESI Corporation was as early as in the year 2011 whereas the original application was filed only in the year 2014. Secondly, there is no explicit prayer in O.A.No. 180/949/2014 challenging Ext.P12 order issued by the Director General of ESI Corporation absorbing the petitioner in concurrence with the Government of Kerala. Thirdly the petitioner has been working as Assistant after absorption in ESI Corporation and has only 1½ years of service left.

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OP(CAT) No. 128/2016

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The original petition is disposed of deleting the penultimate sentence in Ext.P5 order aforequoted in so far as the petitioner is considered for further promotion for the post of Superintendent/Social Security Officer. The respondents 4 to 10 cannot have any grievance of this court since their seniority is not in any way affected adversely.

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The original petition is disposed of.

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Sd/- V. CHITAMBARESH JUDGE

Sd/- A.M. BABU

JUDGE

ncd

OP(CAT) No. 128/2016

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OA NO.180/00943/2014 WITH ITS ANNEXURES.

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EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENT 1 TO 3 IN OA NO.180/00943/2014 WITH ITS ANNEXURES.

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EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 5-8 IN OA NO.180/00943/2014

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EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN OA NO.180/00943/2014

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EXHIBIT P5

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TRUE COPY OF THE ORDER DATED 25/2/2016 IN OA 180/00943/2014 PASSED BY THE HONOURABLE CAT, ERNAKULAM BENCH.

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OP(CAT) No. 128/2016

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EXHIBIT P8	TRUE COPY OF THE 17.10.2016.	MEMORANDUM DATED
EXHIBIT P8(a)	TRUE COPY OF THE THE PETITIONER DA	OPTION SUBMITTED BY TED 18.10.2016.
EXHIBIT P8(b)	TRUE COPY OF THE 3RD RESPONDENT DA	LETTER SENT TO THE TED 18.10.2016
EXHIBIT P9	TRUE COPY OF THE NO.241/2016 ISSUE NO.54A22/14/2/201 RESPONDENT DATED	OFFICE ORDER D FROM FILE 5-ADM BY THE 3RD 20.10.2016.
EXHIBIT P9(a)	TRUE COPY OF THE NO.242/2016, ISSU NO.54.A.22/14/220 RESPONDENT DATED	OFFICE ORDER ED FROM FILE 15-ADM BY THE 3RD 20.10.2016.
EXHIBIT P9(b)	TRUE COPY OF THE NO.243/2016 ISSUE NO.54.A.22/14/2/2 RESPONDENT DATED	OFFICE ORDER D FROM FILE 015-ADM BY THE 3RD 20.10.2016.
EXHIBIT P9(c)	TRUE COPY OF THE NO.244/2016 ISSUE NO.54.A.22/14/2/2 RESPONDENT DATED	OFFICE ORDER D FROM FILE 015-ADM BY THE 3RD 20.10.2016.
EXHIBIT P10	TRUE COPY OF THE NO.170 OF 2016 DA	PROMOTION ORDER TED 01.08.2016.
EXHIBIT P10(a)	TRUE COPY OF THE ISSUED BY THE 3RD DT.21.09.2016.	OFFICE ORDER NO.205 RESPONDENT
EXHIBIT P11	TRUE COPY OF THE DATED 21.10.216.	ORDER NO.191 OF 2016
EXHIBIT P12	TRUE COPY OF THE 36/31/2013-EXAM-A ISSUED BY THE 3RD	ORDER NO.54-A- DMN DATED 11-07-2016 RESPONDENT

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OP(CAT) No. 128/2016

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EXHIBIT P17 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY W.E.F.1.7.2010. EXHIBIT P18 TRUE COPY OF THE ORDER NO.E24987/2010/DIMS DATED 26.4.2010. EXHIBIT P19 TRUE EXTRACT OF THE RECOMMENDATIONS OF THE SCREENING COMMITTEE CATEGORY: MINISTERIAL STAFF EXHIBIT P20 TRUE COPY OF THE TERMS AND CONDITIONS OF ABSORPTION IN ESIC NO.A11/11/10/09MED-VI DATED 13.06.2011. EXHIBIT P21 TRUE COPY OF THE ORDER FILE NO.544/A/11/11/EHP/10/ADMIN DATED 20.12.2011. EXHIBIT P22 TRUE COPY OF THE PROCEEDINGS (ACCEPTING THE OPTION AND TECHNICAL RESIGNATION) DATED 26.12.2011. EXHIBIT P23 TRUE COPY OF THE OFFICE ORDER NO.2/11(03)/2010/MED VI/INT.CELL DATED 19.12.2011. EXHIBIT P24 TRUE COPY OF THE GO(MS)NO.98/2012/LBR DATED 27.06.2012. EXHIBIT P25 TRUE COPY OF THE PROCEEDING DATED 20.07.2012.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

Babu S v. Employees State Insurance Corporation Head Quarters

Case brief

What is this about?

What did the court decide?

Babu S v. Employees State Insurance Corporation Head Quarters

Case brief

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What did the court decide?

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