Dismissed

Union of India v. Badri Narayan Verma S/O Shri Maliram

Rajasthan HC12 Feb 2024CW/8275/2021

Case brief

AI extract

What is this about?

This common order dismisses writ petitions filed by the Union of India and E.S.I.C. challenging the Central Administrative Tribunal's decision. The Tribunal allowed Original Applications filed by absorbed employees who opted for institutional seniority, setting aside a transfer order from Jaipur to Bhiwadi.

What did the court decide?

The writ petitions challenging the Tribunal's order allowing the Original Applications filed by the respondents are dismissed.

Union of India Vs Badri Narayan Verma S/O… — Pension and Retirement Benefits | Rajasthan HC (2024)

¶1

[2024:RJ-JP:7136-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Writ Petition No. 8372/2021

¶4

The Union Of India, Through The Secretary, Ministry Of Department Of Labour And Employment, Government Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶5

The Director General, Department Of Employees State Insurance Corporation (E.S.I.C.) Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002.

¶6

The Regional Director, E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-302001.

¶7

The Dy. Director (Administration), E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-302001.

¶8

----Petitioners

¶9

Versus

¶10

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.

¶11

----Respondent

¶12

Connected With

¶13

D.B. Civil Writ Petition No. 8241/2021

¶14

The Union Of India, Through The Secretary, Ministry Of Department Of Labour And Employment, Government Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶15

The Director General, Department Of Employees State Insurance Corporation (E.S.I.C.), Panchdeep Bhawan, C.i.g. Marg, New Delhi - 110002.

¶16

The Regional Director, E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur - 302001.

¶17

The Dy. Director (Administration), E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur - 302001.

----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.

¶24

----Respondent

¶25

D.B. Civil Writ Petition No. 8257/2021

¶26

The Union Of India, Through The Secretary Ministry Of Department Of Labour And Employment, Government Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶27

The Director General, Department Of Employees State Insurance Corporation (E.S.I.C.), Panchdeep Bhawan, C.i.g. Marg, New Delhi- 110002.

¶28

The Regional Director, E.S.I.C. Rajasthan., Panchdeep Bhawan, Bhawani Singh Marg, Jaipur- 302001.

¶29

The Dy. Director (Administration) E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur- 302001.

¶30

----Petitioners

¶31

Versus

¶32

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.

¶33

----Respondent

¶34

D.B. Civil Writ Petition No. 8262/2021

¶35

The Union Of India, Through The Secretary Ministry Of Department Of Labour And Employment, Government Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶36

The Director General, Department Of Employees State Insurance Corporation (E.S.I.C.), Panchdeep Bhawan, C.i.g. Marg, New Delhi - 110002.

¶37

The Regional Director, E.S.I.C. Rajasthan., Panchdeep Bhawan, Bhawani Singh Marg, Jaipur- 302001.

¶38

The Dy. Director (Administration) E.S.I.C. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur- 302001.

----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.

¶45

----Respondent

¶46

D.B. Civil Writ Petition No. 8275/2021

¶47

Union Of India, Through Secretary To The Govt. Of India, Ministry Of Labour And Employment, Govt. Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶48

Employees State Insurance Corporation, Through Its Director General, Medical Division-Iv, H.q. Office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002.

¶49

The Medical Commissioner, Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶50

Dy. Director, Hq., Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶51

Dy. Director (Administration), Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶52

Medical Superintendent, Esic Model Hospital, Laxmi Nagar, Ajmer Road, Jaipur (Raj.) - 302006.

¶53

----Petitioners

¶54

Versus

¶55

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

¶56

----Respondent

¶57

D.B. Civil Writ Petition No. 8295/2021

¶58

Union Of India, Through Secretary To The Govt. Of India, Ministry Of Labour And Employment, Govt. Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶59

Employees State Insurance Corporation, Through Its

(4 of 12)

[2024:RJ-JP:7136-DB]

[CW-8372/2021]

Director General, Medical Division-Iv, H.q. Office, Panchdeep Bhawan, C.i.g. Marg, New Delhi - 110002.

¶64

The Medical Commissioner, Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶65

Dy. Director, Hq., Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶66

Medical Superintendent, Esic Model Hospital, Laxmi Nagar, Ajmer Road, Jaipur (Raj.) - 302006.

¶67

Versus

¶68

Mrs. Kavita Sharma Daughter Of Shri G.n. Sharma, Resident Of Plot No. 213, Narayan Vihar, Gopalpura, Jaipur, At Present Working As Nursing Sister In Esic Model Hospital, Jaipur - 302006. (Group-C)

¶69

Mrs. Susan Chacko Daughter Of Late Shri P.t. Chacko, Aged About 50 Years, Resident Of 58-A, Shanti Nagar-B, Gujar Ki Thadi, New Sanganer Road, Jaipur, At Present Working As Nursing Sister In Esic Model Hospital, Jaipur302006.

¶70

Mrs. Mini Varghese Daughter Of Mr. E.c. Varghese, Aged About 42 Years, Resident Of Plot No. 3, Govindpuri, Sodala, Jaipur, At Present Working As Nursing Sister In Esic Model Hospital, Jaipur - 302006.

¶71

Nanak Ram Bairwa Son Of Shri Ramdhan Bairwa, Aged About 52 Years, Resident Of 52 A/c, Vikas Nagar-B, Heerapura, Jaipur, At Present Working As Nursing Sister In Esic Model Hospital, Jaipur - 302006.

¶72

Smt. Susamma P.m. D/o K.c. Mathal, Aged About 53 Years, Resident Of 61-G, Tagore Nagar, Ajmer Road, Jaipur, At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶73

Smt. Elsamma Thomas Wife Of Shri K.g. Varghese, Aged About 56 Years, Resident Of 79, Shyam Enclave Road No. 78, Panchyawala, Sirsi Road, Jaipur, At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶74

Smt. Anitha M.j. Wife Of Shri Mahaveer Singh, Aged About 56 Years, Resident Of House No. 43, Roshan

(5 of 12)

[2024:RJ-JP:7136-DB]

[CW-8372/2021]

Nagar-B, Kanakpura, Sirsi Road, Jaipur. At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶79

Smt. Mayapuri Wife Of Nirbhay Giri Goswami, Aged About 54 Years, Resident Of Plot No. A-86, Khadi Colony, Sodala, Jaipur. At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶80

Smt. Vimla Sharma Wife Of Shri Omprakash Sharma, Aged About 53 Years, Resident Of Plot No. 7, Shashi Vihar, Sector-71, Pratap Nagar, Buddhsinghpura, Sanganer, Jaipur. At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶81

Smt. Shivani Naha Wife Of Shri Uttam Majumdar, Aged About 58 Years, Resident Of 79/111-A, Shipra Path, Mansarovar, Jaipur, At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶82

Smt. Prabha Dcruz Wife Of Shri George Methew, Aged About 53 Years, Resident Of C-483, Jagdamba Vihar, Behind Heerapura Power House, Jaipur. At Present Working As A.n.m. In Esic Model Hospital, Jaipur - 302006.

¶83

Lizy T W/o Rajan O, Aged About 56 Years, Resident Of B- 207, Jagdamba Nagar, Heerapura, Jaipur.at Present Working As Lab Technician In Esic Medical Hospital, Jaipur - 302 006.

¶84

----Respondents

¶85

D.B. Civil Writ Petition No. 8310/2021

¶86

Union Of India, Through Secretary To The Govt. Of India, Ministry Of Labour And Employment, Govt. Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi - 110002.

¶87

Employees State Insurance Corporation, Through Its Director General, Medical Division-Iv, H.q. Office, Panchdeep Bhawan, C.i.g. Marg, New Delhi - 110002.

¶88

The Medical Commissioner, Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New Delhi - 110002.

¶89

Dy. Director, Hq., Employees State Insurance Corporation, Medical, H.q. Office Panchdeep Bhawan, Cig Marg, New

[2024:RJ-JP:7136-DB]

[CW-8372/2021]

(6 of 12)

Delhi - 110002.

Medical Superintendent, Esic Model Hospital, Laxmi Nagar, Ajmer Road, Jaipur (Raj.) - 302006.

¶95

----Petitioners

¶96

Versus

¶97

Mahesh Chand Sharma Son Of Shri Chiman Lal Sharma, Aged About 55 Years, Resident Of 38, Santosh Nagar, Ajmer Road, Jaipur. At Present Working As Plaster Assistant In Esic Model Hospital, Jaipur - 302019 (GroupC)

¶98

Puran Mal Son Of Shri Ghisa Ram, Aged About 57 Years, Resident Of Maliyon Ka Mohalla, Khatiyo Ki Mandi, Chardarwaja, At Present Working As Lab Assistant In Esic Model Hospital, Jaipur 0- 302019.

¶99

Sushma Wife Of Roop Narayan Jediya, Aged About 52 Years, Resident Of 101/133, Meera Marg, Mansarovar, Jaipur. At Present Working As Lab Assistant In Esic Model Hospital, Jaipur - 302019.

¶100

Prakash Chand Son Of Shri Ladu Ram, Aged About 48 Years, Resident Of Sarangpura, Bad Ke Balaji, Ajmer Road, Jaipur, At Present Working As Lab Assistant In Esic Model Hospital, Jaipur - 302019.

¶101

Kailash Chand Son Of Shri Birdhi Chand, Aged About 53 Years, Resident Of A-4, Ground Floor, Esic Campus, Ajmer Road, Jaipur At Present Working As Cssd In Esic Model Hospital, Jaipur - 302019.

¶102

Smt. Sheela Devi Wife Of Ramesh Chand, Aged About 52 Years, Resident Of Esic Campus, Ajmer Road, Jaipur, At Present Working As Operator Theater Assistant In Esic Model Hospital, Jaipur - 302019.

¶103

Madan Lal Son Of Shri Mohan Lal, Aged About 57 Years, Resident Of House No. 44/64, Ram Nagar, Harijan Basti, Shastri Nagar, Jaipur, At Present Working As Cssd In Esic Model Hospital, Jaipur - 302019.

¶104

Mohini Devi Wife Of Nathu Lal, Aged About 58 Years, Resident Of House No. 69, Govardhan Colony, Jaipur, At Present Working As Crt Assistant In Esic Model Hospital, Jaipur - 302019.

¶105

Smt. Shimla Devi Wife Of Shri Ramu, Aged About 57

(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.

¶110

Gopal Parewa Son Of Shri Suwa Lal, Aged About 58 Years, Resident Of 131, Ekta Nagar, Dhabas, Jaipur, At Present Working As Plaster Assistant In Esic Model Hospital, Jaipur - 302019.

¶111

Megha Devi Wife Of Late Shri Bhagwan Sahai, Aged About 54 Years, Resident Of Plot No. 13, Panchayawala, Sirsi Road, Jaipur,at Present Working As O.t. Assistant In Esic Model Hospital, Jaipur - 302019.

¶112

Vinod Son Of Shri Ramu, Aged About 48 Years, Resident Of 91/99, Brijlalpura, Sanganer Road, Jaipur, At Present Working As Lab Assistant In Esic Model Hospital, Jaipur - 302019.

¶113

Ashok Kumar Son Of Shri Girdhari Lal, Aged About 56 Years, Resident Of Plot No. 34, Janakpuri-I, Imaliwala Phatak, Jyoti Nagar, Jaipur, At Present Working As Plaster Assistant In Esic Model Hospital, Jaipur - 302019.

¶114

Smt. Kamla Devi S/o Mukesh, Aged About 53 Years, Resident Of Plot No. 26, Tat Nagar, Shastri Nagar, Jaipur, At Present Working As Cssd In Esic Model Hospital, Jaipur - 302019.

¶115

Sunil Kumar Morya Son Of Shri Bhagwan Sahay, Aged About 43 Years, Resident Of B-C-46, Ashok Nagar, Purani Chungi, Ajmer Road, Jaipur At Present Working As Head Cook In Esic Model Hospital, Jaipur - 302019.

¶116

Mahadeva Prasad Son Of Shri Cheeranjeev Lal, Aged About 57 Years, Resident Of A-12, Jhalana Dungari, Indra Nagar, Jaipur, At Present Working As Cssd In Esic Model Hospital, Jaipur - 302019.

¶117

----Respondents

¶118

D.B. Civil Writ Petition No. 8335/2021

¶119

The Union Of India, Through The Secretary, Ministry Of Department Of Labour And Employment, Government Of India, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi- 110002

¶120

The Director General, Department Of Employees State Insurance Corporation (E.s.i.c.) Panchdeep Bhawan, C.i.g.

(8 of 12)

[2024:RJ-JP:7136-DB]

[CW-8372/2021]

Marg, New Delhi- 110002.

¶125

The Regional Director, E.s.i.c. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-302001.

¶126

The Dy. Director (Administration), E.s.i.c. Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-302001.

¶127

----Petitioners

¶128

Versus

¶129

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

¶130

----Respondent

¶131

For Petitioner(s) : Dr.A.S.Khangarot For Respondent(s) : Mr.Banwari Lal Sharma Mr.K.N.Sharma

¶132

HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA

¶133

Order

¶134

12/02/2024 AVNEESH JHINGAN, J (ORAL):-

¶135

These petitions are filed by the Union of India and others challenging the order of the Central Administrative Tribunal, Jaipur (for brevity ‘Tribunal’) allowing Original Application (for short ‘OA’) filed by the respondents.

¶136

These petitions are being decided by a common order as the facts and issue involved in the petitions are similar. The facts are being taken from DBCWP No.8372/2021.

¶137

Brief facts are that on 08.12.1981 the respondent was appointed on the post of Nurse Grade II in the office of Director Employees’ State Insurance, Jaipur with Department of Medical and Health Services, Government of Rajasthan, Jaipur. The respondent was working with the Employee State Insurance

[2024:RJ-JP:7136-DB]

[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.

¶142

The Corporation in its 174^th meeting took a decision to place all the absorbed staff in State Seniority. Transfer order dated 17.08.2018 was issued transferring the respondent from Jaipur to Bhiwadi.

¶143

Aggrieved of the transfer order, the respondent filed OA. The Tribunal considering that as per Terms and Conditions of the agreement, the respondent was not to be transferred from Jaipur and it is a case of U-Turn by the Corporation, accepted the prayer. Hence the present petition.

¶144

Learned counsel for the petitioners submits that once the respondent was employee of the Corporation and in the 174^th meeting it was decided to grant State Seniority, the transfer was part of the service condition.

¶145

Learned counsel for the respondent defends the impugned order and submits that the decision to grant State Seniority was taken by the Corporation under the misbelief that the respondent can be repatriated to the Parent Department. It is further argued that the respondent taking into account the family circumstances

¶146

(10 of 12) [CW-8372/2021]

¶147

[2024:RJ-JP:7136-DB]

¶148

took a conscious decision to opt for Institutional Seniority. restricting the chance of promotion as he could not have been transferred outside the Jaipur.

¶149

Before proceeding further, it would be relevant to reproduce Condition Nos.3 & 4 of the agreement:-

¶150

“3.) As employee opting for absorption has to resign from State Govt. service and his absorption in Corporation service will take effect from the date of deputation in ESI Corporation or from the date he joins the duty in the ESI Corporation whichever is earlier.

¶151

4.) Seniority of an employee absorbed in the Corporation will be determined either from the date from which one holds the post on deputation or from the date one holds the post of equivalent grade on regular basis in the State Govt Service whichever is earlier. Seniority of two or more State Govt. employee absorbed in the Corporation service would however, be fixed as per the seniority existing in the State Govt. prior to their absorption. Before absorption an employee will be free to opt for separate institutional seniority only for the particular hospital. In this case they will not be transferred outside the hospital even after absorption and the promotions will be based on the institutional seniority only subject to the vacancy in the hospital OR the individuals can also opt to be part of all India seniority, in which case they will be liable for all India transfer and all India promotional avenues. If opting for institutional seniority, the all India posts and cadres to which they will not be eligible for promotion will be the Medical Superintendent of Hospital”

¶152

As per Condition No.3, the employee opting for absorption had to resign from State Government services. The services with the Corporation were to take effect from the date of deputation to the Corporation or from the date of joining duty in the Corporation, whichever was earlier.

¶153

As per Condition No.4, before absorption if employee opted for Institutional Seniority of a particular hospital, in that case the

[2024:RJ-JP:7136-DB]

[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.

¶158

The terms and conditions of the agreement were unilaterally changed by the Corporation. The respondent for being absorbed was made to resign from the State Government thereby closing the doors for going back as no lien was left in the erstwhile Department.

¶159

Acting on condition that employee opting for Institutional Seniority shall not be transferred, the respondent adversely changed his position by exercising the option for Institutional Seniority thereby restricting the chances of promotions. The obvious consequence being juniors of the respondent, who had opted for All India Seniority became senior as the avenues for promotion were more. By unilaterally changing the terms and conditions, the respondent cannot be made to suffer on both accounts i.e. the limited scope of promotions and also transfer to Hospital outside Jaipur.

¶160

There is another aspect of the matter that the absorbed employees at one time had requested the Corporation to switchover to the All India Seniority which was refused by Corporation citing the terms and conditions of the absorption.

¶161

The reasoning and conclusion arrived at by the Tribunal suffers from no factual or legal error for this Court to interfere in the writ jurisdiction.

(12 of 12)

[2024:RJ-JP:7136-DB]

[CW-8372/2021]

The petitions are dismissed.

¶166

A copy of this order be placed separately in each file.

¶167

(SHUBHA MEHTA),J

¶168

(AVNEESH JHINGAN),J

¶169

Monika/36-43

¶170

Whether Reportable: Yes /No

Union of India v. Badri Narayan Verma S/O Shri Maliram

Case brief

What is this about?

What did the court decide?

Union of India v. Badri Narayan Verma S/O Shri Maliram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Agarwal Marbles India Pvt. Ltd. Vs State of Rajasthan

M/S Agarwal Marbles India Pvt. Ltd. Vs State of Rajasthan

M/S Agarwal Marbles India Pvt. Ltd. Vs State of Rajasthan

Raj Growimpex LLP Vs Union of India through Joint Secretary

The Union of India Vs Gopal Sharma Son of Late Shri Brijmohan Sharma

Union of India Vs Mrs. Kavita Sharma Daughter of Shri G.N. Sharma