Writ petitions challenging a Central Administrative Tribunal order upholding a transfer. The High Court held that the Tribunal correctly found no legal error in rejecting the claim that the transfer violated the Tripartite agreement terms regarding Institutional Seniority, dismissing the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 8372/2021
----Petitioners
Versus
Ram Kishan Laxkar Son Of Late Shri Kanhaiya Lal Laxkar, Aged About 52 Years, Resident Of Plot No.2, Vishwakarma Nagar-Ii, Maharani Farm, Durgapura, Jaipur, Presently Posted As Assistant Nursing Superintendent, E.S.I.C. Model Hospital, Jaipur9784386818, Group-C.
----Respondent
Connected With
D.B. Civil Writ Petition No. 8241/2021
----Petitioners
Versus
(2 of 12)
[2024:RJ-JP:7136-DB]
[CW-8372/2021]
Smt. Anamma P A Wife Of Shri Babu K.s., Aged About 56 Years, Resident Of Plot No. 06, Salasar Vatika -V, Niwaru Road, Jaipur, At Present Working As A.n.s. In Esic Model Hospital, Jaipur. 9413335049 Group-C.
----Respondent
D.B. Civil Writ Petition No. 8257/2021
----Petitioners
Versus
Gopal Sharma Son Of Late Shri Brijmohan Sharma, Aged About 51 Years, Resident Of E-26, Green Park, Agra Road, Jaipur, At Present Working As A.n.s. In Esic Model Hospital, Jaipur. GroupC.
----Respondent
D.B. Civil Writ Petition No. 8262/2021
----Petitioners
(3 of 12)
[2024:RJ-JP:7136-DB]
[CW-8372/2021]
Versus
Ballaram Meena Son Of Late Shri Badri Prasad, Aged About 55 Years, R/o 2-D, Navya Apartment, Ganesh Nagar, Heerapura, Jaipur At Present Working As A.n.s. In Esic Model Hospital, Jaipur-8094400700, Group-C.
----Respondent
D.B. Civil Writ Petition No. 8275/2021
----Petitioners
Versus
Badri Narayan Verma S/o Shri Maliram, Aged About 56 Years, R/o Plot No. 1036-4C, Lodha Mandi Road, Shankar Colony, Macheda, Jaipur, At Present Working On The Post Of Assistant Nursing Superintendent, Esic Model Hospital, Jaipur-302006
----Respondent
D.B. Civil Writ Petition No. 8295/2021
(4 of 12)
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[CW-8372/2021]
Director General, Medical Division-Iv, H.q. Office, Panchdeep Bhawan, C.i.g. Marg, New Delhi - 110002.
Versus
(5 of 12)
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[CW-8372/2021]
Nagar-B, Kanakpura, Sirsi Road, Jaipur. At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.
D.B. Civil Writ Petition No. 8310/2021
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[CW-8372/2021]
(6 of 12)
Delhi - 110002.
----Petitioners
Versus
(7 of 12)
[2024:RJ-JP:7136-DB]
[CW-8372/2021]
Years, Resident Of Esic Campus, Ajmer Road, Jaipur, At Present Working As Crt Assistant In Esic Model Hospital, Jaipur - 302019.
----Respondents
D.B. Civil Writ Petition No. 8335/2021
(8 of 12)
[2024:RJ-JP:7136-DB]
[CW-8372/2021]
Marg, New Delhi- 110002.
----Petitioners
Versus
Panchu Ram Jatav Son Of Shri Prabhati Lal Jatav, Aged About 54 Years, Resident Of Plot No.a-1, Janakpuri, Dhabas, Ajmer Road, Jaipur At Present Working As A.n.s. In Esic Model Hospital, Jaipur. Group C
----Respondent
For Petitioner(s) : Dr.A.S.Khangarot For Respondent(s) : Mr.Banwari Lal Sharma Mr.K.N.Sharma
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
12/02/2024 AVNEESH JHINGAN, J (ORAL):-
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[CW-8372/2021]
(9 of 12)
Corporation (for short ‘Corporation’) on deputation. The hospital along-with staff was taken over by the Corporation on 01.09.2002. The staff including respondent were absorbed by the Corporation vide order dated 16.01.2007. As per terms and conditions settled in Tripartite agreement (for short ‘agreement’) between State of Rajasthan, Corporation and the employees, the respondent had to resign from State Government services for absorption. The employee opting for Institutional Seniority of a particular hospital was not to be transferred and respondent opted for Institutional Seniority.
(10 of 12) [CW-8372/2021]
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took a conscious decision to opt for Institutional Seniority. restricting the chance of promotion as he could not have been transferred outside the Jaipur.
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[CW-8372/2021]
(11 of 12)
employee was not to be transferred outside Jaipur. The promotion of the employee was to be based upon Institutional Seniority subject to vacancy. The employees who opted for Institutional Seniority were not entitled to be promoted as medical superintendent of the hospital. The employees opting for All India Seniority were liable to be transferred anywhere in India.
(12 of 12)
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[CW-8372/2021]
(SHUBHA MEHTA),J
(AVNEESH JHINGAN),J
Monika/36-43
Whether Reportable: Yes /No
2 issues framed by the court
Whether the High Court can interfere with the Tribunal's order rejecting the claim that a transfer violates a Condition in the Tripartite agreement regarding Institutional Seniority.
Whether the Corporation's decision to place absorbed staff on State Seniority constitutes a unilateral change in service conditions.
1 provisions across 1 enactments
The Union Of India
Director General, E.S.I.C.
Ram Kishan Laxkar
Avneesh Jhingan
Shubha Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
