1
(OA No. 060/846/2021 and 82 connected OAs)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 24.07.2023 Pronounced on: 27.09.2023 HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J) HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
(1) O.A. No.060/846/2021
Poornima D/o Sh. Netrapal, aged 29 years, working as Nursing Orderly, ESIC Medical College and Hospital, Sector 9-A, District Faridabad, Haryana. Pin 122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma & Sh. Rishav Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Medical College and Hospital, Sector 9-A, District Faridabad-122001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(2) O.A. No.060/842/2021
Anil, age 33 years son of late Sh. Pyare Lal, resident of Village Bhagalpuri, P.O. Beri, Tehsil Beri, Distt. Jhajjar, Haryanan, now working as Nurdery Orderly, Employee State Insurance Hospital, Faridabad.
2
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Union of India through its Secretary, Ministry of Labour and Employment, Govt. of India, Shram Shakti Bhawan, Rafi Marg, New Delhi.
2. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General.
3. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi.
4. Deputy Director, Employees State Insurance Corporation Model Hospital, Sector 9-A, Gurugram, Haryana.
5. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH- 3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(3) O.A. No.060/847/2021
Sumit Kumar son of Sh. Partap Singh, aged 32 years, working as Nursing Orderly, ESIC Hospital, Manesar, District Gurugram, Haryana. Pin-122050.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
3
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(4) O.A. No.060/858/2021
Adesh Dabas son of Sh. Dharamveer Singh, aged 31 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(5) O.A. No.060/859/2021
Aadil Nayaz, son of Sh. Shamshad Ali, aged 25 years, working as Nursing Orderly, ESIC Hospital, Manesar, District Gurugram, Haryana. Pin-122050.
4
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(6) O.A. No.060/862/2021
Ramawtar Gurjan son of Sh. Banwari Lal Gurjar, age 34 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
5
(BY ADVOCATE: Sh. K.K. Thakur)
(7) O.A. No.060/863/2021
Rajshekhar Yadav son of Sh. Uday Singh Yadav, age 33 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 1220001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(8) OA NO. 060/864/2021
Kishor Kumar son of Mangi Lal Solanki, age 30 years, Working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC),
6
Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram Pin 122050.
…..Respondents
(By Advocate Sh. K.K. Thakur)
(9) OA NO. 060/865/2021
Rohit Kumar son of Sh. Maharam, age 28 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram Pin 122050.
…..Respondents
(By Advocate Sh. K.K. Thakur)
(10) OA NO. 060/866/2021
Pankaj Kumar Joshi son of Sh. Mohan Lal Joshi, age 25 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001. (Group - C).
….Applicant
(By Advocate Sh. D.R. Sharma)
7
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram Pin 122050. …..Respondents
(By Advocate Sh. K.K. Thakur)
(11) OA NO. 060/867/2021
Mukesh Kumar Sharma son of Sh. Babu Lal Sharma, age 32 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin 122001. ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram Pin 122050.
…..Respondents
(By Advocate Sh. K.K. Thakur)
8
(12) OA NO. 060/886/2021
Dinesh Kumar son of Sh. Ramniwas, age 31 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 122001. (Group - C).
….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad. Pin-121001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(13) OA NO. 060/887/2021
Naresh Kumar Saini son of Sh. Mohan Lal Saini, age 32 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group-C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001.
9
…..Respondents (By Advocate Sh. K.K. Thakur)
(14) OA NO. 060/891/2021
Gopee Chand Swami son of Sh. Deena Das Swami, age 30 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group-C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(15) OA NO. 060/892/2021
Pursotam Singh son of Sh. Rizak Ram, age 48 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 122001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma )
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC),
10
Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad. Pin 121001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(16) OA NO. 060/893/2021
Manikant Kumar age 30 years son of Kamta Prasad, resident of House No. 803, A-2, Staff Colony, ESIC Medical College and Hospital, NH=3, Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C). ….Applicant
(By Advocate Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation,3rdand4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH- 3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate: Sh. K.K. Thakur )
(17) OA NO.060/894/2021
Manoj Kumar Yadav, son of Sh. Mool Chand Yadav, age 29 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group C) ….Applicant
11
(By Advocate - Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001. …..Respondents
(By Advocate Sh. K. K. Thakur )
(18) OA NO.060/896/2021
Ramswarup son of Late Sh. Pohap Singh, age 28 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001 (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad - Pin 121001. …..Respondents
(By Advocate- Sh. K. K. Thakur)
(19) OA NO.060/898/2021
Roop Singh son of Jagpal, age 29 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana.
12
Pin-122001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001. …..Respondents
(By Advocate- Sh. K. K. Thakur)
(20) OA NO.060/899/2021
Ranjeet Yadav, son of Sh. Sugan Chand Yadav, age 27 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin-122001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001. …..Respondents
(By Advocate- Sh. K. K. Thakur)
13
(21) OA NO. 060/900/2021
Ravinder Kumar age 35 years son of Dharambir Singh, resident of House No. 59, Gali No. 2, Village Mohammadpur, P.O. Alipur, Delhi - 110036, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C).
….Applicant
(By Advocate Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH- 3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate Sh. K.K. Thakur)
(22) OA NO.060/901/2021
Neetu age about 36 years, D/o Late Sh. Radhe Shyam, resident of E-67, Laxmi Park Nangloi, Near M.S. Public School, New Delhi-110041, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3. N.I.T. Faridabad. (Group C).
….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg,
14
New Delhi-110002 through the Director General
(ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi-
110008.
3. The Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
(By Advocate Sh. K. K. Thakur )
(23) OA NO. 060/902/2021
Kamal Dheran age 25 years son of Govind Singh, resident of Gali No. 8, Sanjay Colony, Safiyabad Road, Narela, Delhi now working as Nursing Orderly, Employees State Insurance Corporation (for Short ESIC) Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C). ….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH- 3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate - Sh. K.K. Thakur)
(24) O.A. No.060/910/2021
15
Mahender Kumar Yadav son of Sh. Mali Ram Yadav, age 32 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate : Sh. K.K. Thakur)
(25) OA NO. 060/911/2021
Vikas Yadav son of Sh. Surender Yadav, age 27 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group - C).
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram Pin 122001.
…..Respondents
(By Advocate- Sh. K.K. Thakur)
(26) O.A. No.060/913/2021
Balvinder Kumar, son of Sh. Tula Ram, age 34 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
16
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(27) O.A. No.060/914/2021
Yogesh Kumar son of Sh. Munilal, age 35 years, working as Nursery Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin-122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin-122001.
…Respondents
17
(BY ADVOCATE: Sh. K.K. Thakur)
(28) O.A. No.060/915/2021
Jai Parkash son of Sh. Mahender, age 26 years, working as Nursing Orderly, ESI Hospital, Manesar, Distt. Gurugram, Haryana. Pin-122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(29) O.A. No.060/916/2021
Suresh Kumar age 30 years son of Shri Banna Ram Jat, R/o House No. 87, VPO Khayra, Nohro Ki Guwadi, Khayra Tehsil-Bhinai Distt. Ajmer, Rajasthan -305622, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Fariabad (Group C)
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
18
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, ESIC, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(30) OA NO. 060/918/2021
Rajneesh Kumar Verma age 31 years son of Shri Ghanshyam Verma, VPO Churi Ajitgarh Distt. Jhunjhunu, Rajasthan Pin Code - 333701, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C). ….Applicant
(By Advocate Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
19
(By Advocate Sh. K.K. Thakur)
(31) OA NO. 060/924/2021
Devinder Dutt son of Sh. Narotam Ram, age 48 years, Working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. Group C ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram Pin 122001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(32) OA NO. 060/925/2021
Anil son of Sh. Ramphal, age 31 years, Working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 121001. (Group - C).
….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
20
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin 121001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(33) OA NO. 060/926/2021
Karkuri Mallesh son of Sh. Karkuri Bapu, age 33 years, Working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram Pin 122001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(34) O.A. No.060/927/2021
Narpat Ram, son of Sh. Jawari Lal, age 32 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
21
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(35) O.A. No.060/930/2021
Bharat Kurdia son of Sh. Tara Chand Kurdia, age 37 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(36) O.A. No.060/931/2021
22
Sohan Singh Rajpoot son of Sh.Satyanarayan Rajpoot, age 27 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin-122001. Group C
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(37) O.A. No.060/932/2021
Deepak Yadav son of Sh. Deshraj yadav, age 29 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
23
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(38) O.A. No.060/933/2021
Surrender Kumar son of Sh. Harkishan, age 29 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(39) O.A. No.060/934/2021
Mahesh Kumar son of Sh. Parkash Chand, age 32 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
24
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(40) O.A. No.060/935/2021
Pushpa w/o Sh. Sumit Hooda, aged 29 years, resident of Rajpura Colony, VPO Sanghi, Distt. Rohtak, Haryana, working as Nursing Orderly, ESIC Hospital, Manesar, District Gurugram, Haryana-122050.
…Applicant
(BY ADVOCATE: Sh. Nitesh Proxy counsel for Siddarth Batra)
VERSUS
1. Union of India through its Secretary, Ministry of Labour and Employment, Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-
110001.
2. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
3. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
25
4. Deputy Director, Employees State Insurance Corporation, Model Hospital, Sector 9-A, Gurugram, Haryana-122001.
5. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(41) O.A. No.060/937/2021
Kamlesh Jat, age 35 years, s/o Banna lal Jat, R/o House No. 87, VPO Khayra, Tehsil Bhinai Distt. Ajmer, Rajasthan, presently working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002 through its Director General.
2. Additional Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employee State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Fridabad, Distt. Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(42) O.A. No.060/941/2021
26
Subhash Chander Barach, son of Sh. Shivpat Singh, age 33 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(43) O.A. No.060/942/2021
Vikash Kumar son of Sh. Balwant, age 30 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
27
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(44) OA NO. 060/943/2021
Vikas Kumar son of Sh. Mahender Singh, age 32 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram Pin 122001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(45) OA NO. 060/944/2021
Ramkrishan Bairwa, son of Sh. Bhagirath Bairwa, age 35 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
28
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(46) OA NO. 060/945/2021
Rohitash Bairwa, son of Sh. Bhagirath Bairwa, age 39 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(47) OA NO. 060/946/2021
29
Kishor Kumar son of Sh. Deshraj, age 30 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 121001. (Group - C).
….Applicant
(By Advocate - Sh.D.R. Sharma )
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad. Pin - 121001. …..Respondents
(By Advocate - Sh. K.K. Thakur)
(48) OA NO. 060/950/2021
Girdhari Das Swami son of Sh. Jawahar Das, age 30 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 121001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma )
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad. Pin - 121001. …..Respondents
(By Advocate Sh. K.K. Thakur)
30
(49) O.A. No.060/952/2021
Manjeet yadav son of Sh. Ram Singh, age 30 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin-122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin-122001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(50) O.A. No.060/953/2021
Bojja Laxminarayana son of Sh. Bojja Rajam, age 33 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General
31
(ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(51) O.A. No.060/954/2021
Amit Khokhar son of Sh. Kartar Singh, age 29 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(52) O.A. No.060/955/2021
32
Hanumanthappa. Y son of Lt. Nandipurada Yallapa, age 34 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(53) OA NO. 060/956/2021
Surender Singh son of Sh. Dalbir Singh, age 30 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana. Pin 122001. (Group -
C).
….Applicant (By Advocate- Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002. (dir-gen@esic.nic.in).
33
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008. (itcare@esic.nic.in)
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram Pin 122001. …..Respondents
(By Advocate - Sh. K.K. Thakur)
(54) O.A. No.060/957/2021
Anuj Kumar son of Sh. Prithvi Singh,, age 31 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(55) OA NO.060/958/2021
Deen Dayal Saini son of Sh. Kanhaiya Lal Saini, age 34 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001. (Group
C)
34
….Applicant (By Advocate - Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001. …..Respondents
(By Advocate Sh. K. K. Thakur)
(56) OA NO.060/959/2021
Vinod Kumar Khatik son of Devi Lal Khatik, age 34 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001. …..Respondents
(By Advocate Sh. K. K. Thakur)
(57) OA NO.060/960/2021
35
Ajay Chhillar son of Sh. Ram Kumar, age 26 years, working as Nursing Orerly, ESIC Model Hospital, Gurugram, Haryana Pin-122001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, Distict Gurugram - Pin-122001. …..Respondents
(By Advocate Sh. K. K. Thakur)
(58) OA NO.060/963/2021
Rajendra Godara son of Sh. Ram Niwas, age 30 years, working as Nursing Orerly, ESIC Model Hospital, Gurugram, Haryana Pin-122001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, Distict Gurugram - Pin-122001. …..Respondents
(By Advocate Sh. K. K. Thakur)
36
(59) OA NO.060/964/2021
Ram Vinay Sahni, age 32 years, S/o Sh. Yogendra Prasad, R/o Village Lakhipur, Naya Tola, P.O. Doman, P.S. Salimpur, Distt. Patna (Bihar), presently working as Nursing Orderly, ESIC Medical College and Hospital, NIT-3, Faridabad. (Group C)
….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi-
110008.
3. The Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
(By Advocate- Sh. K. K. Thakur )
(60) OA NO.060/965/2021
Ravi Kumar, age 36 years, S/o Late Sh. Veer Singh, R/o House No. 1449/N-8, Shiv Marg Durgapuri Shahdara Delhi- 110093. Now working as Nursing Orderly, ESIC Medical College and Hospital, NIT-3, Faridabad. (Group C) ….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G.
37
Marg, New Delhi-110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi-
110008.
3. The Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
(By Advocate- Sh. K. K. Thakur )
(61) OA NO. 060/966/2021
Lalit Kumar Yadav age 28 years son of Shri Suresh Chand Yadav, A1-904, ESIC Medical College and Hospital Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C).
….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi -
110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate - Sh. K.K. Thakur)
(62) OA NO. 060/967/2021
38
Mali Ram Yadav age 26 years son of Shri Mata Deen yadav, A-1 903, ESIC Medical College and Hospital Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C). ….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi -
110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana. …..Respondents
(By Advocate - Sh. K.K. Thakur)
(63) O.A. No.060/968/2021
Rabindra Tiwari, age 41 years, S/o Sh. Ram Narayan Tiwari, R/o RZ-34A/253, Jagdamba Vihar, West Sagarpur, New Delhi-110046, now working as Nursing Orderly, NIC Medical College and Hospital, Faridabad, Distt. Faridabad(Haryana)
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G.
39
Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(64) O.A. No.060/969/2021
Sachin Kumar age 32 years son of Late Shri Krishan pal, House No. 756, D-Block, East Gokalpur, Delhi- 110094, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
40
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(65) OA NO. 060/970/2021
Sunil Kumar age 30 years son of Shri Jay Ram Prasad, VPO Jagatnandanpur P.O. Bhandary, PS Rahui, District Nalanda, Bihar-803119, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group - C).
….Applicant
(By Advocate -Sh. Jasbir Mor)
Vs.
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi - 110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
(By Advocate- Sh. K.K. Thakur)
(66) OA NO. 060/971/2021
Narender Kumar son of Sh. Ashok Kumar,, age 32 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad. Pin 121001. (Group - C). ….Applicant
(By Advocate Sh. D.R. Sharma )
Vs.
41
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi -
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor Rajendra Bhawan, Rajendra Palace, New Delhi - 110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad. Pin - 121001. …..Respondents
(By Advocate Sh. K.K. Thakur)
(67) OA NO.060/973/2021
Naveen son of Sh. Ranbir Singh, age 24 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-
110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Faridabad-Pin 121001.
…..Respondents
(By Advocate Sh. K. K. Thakur )
(68) OA NO.060/975/2021
Dharmendra Kumar son of Sh. Suryodhan Singh, age 29 years, working as Nursing Orderly, ESIC Model Hospital,
42
Gurugram, Haryana, Pin-122001. (Group C) ….Applicant
(By Advocate -Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-122001.
…..Respondents
(By Advocate - Sh. K. K. Thakur )
(69) OA NO.060/976/2021
Mahesh Kumar Jat, son of Sh. Mohan Lal Jat, age 30 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana, Pin-122001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-122001.
…..Respondents
(By Advocate -Sh. K. K. Thakur )
43
(70)OA NO.060/977/2021
Vikas Kumar Barala son of Sh. Anandi Lal Barala, age 34 years, working as Nursing Orderly, ESIC Model Hospital, Gurugram, Haryana, Pin-122001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-122001.
…..Respondents
(By Advocate - Sh. K. K. Thakur )
(71) O.A. No.060/978/2021
Subhash Kumar Serawat son of Sh. Jagdish Prasad, age 32 years, working as Nursing Orderly, ESIC Hospital, Manesar, Distt. Gurugram, Haryana. Pin-
122001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
44
3. The Medical Superintendent, ESIC Hospital, Manesar, District Gurugram, Pin-122050.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(72) OA NO.060/979/2021
Jaikishan son of Sh. Patram, age 29 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…..Respondents
(By Advocate Sh. K. K. Thakur)
(73) O.A. No.060/980/2021
Dheeraj Singh Rathore, age 29 years, son of Late Sohan Singh Rathore, Flat No. 702, Block A2, ESIC Medical College and Hospital, Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad-121001.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
45
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(74) O.A. No.060/981/2021
Ramavtar Verma, age 28 years, son of Shri Banwari lal Verma, House No. 704, Block-A2, ESIC Colony, Faridabad, Haryana-121001, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and
46
Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(75) O.A. No.060/987/2021
Prakash Chand age 29 years son of Shri Ramesh, Room No. 1002, Block - A2, ESIC Medical College and Hospital, Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad-121001.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(76) O.A. No.060/988/2021
47
Anil, age 34 years, S/o Sh. Ram Phool, R/o Room No. 701, EIC Colony, NH-3, NIT, District Faridabad, Haryana, now working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad.
…Applicant
(BY ADVOCATE: Sh. Jasbir Mor)
VERSUS
1. Employees State Insurance Corporation (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through its Director General (ESIC).
2. Additional Commissioner and Regional Director, employees State Insurance Corporation, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, District Faridabad, Haryana.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(77) OA NO.060/989/2021
Naveen, age 32 years, S/o Sh. Hukam Singh Sharma, R/o House No.503-A1, ESIC Medical College and Hospital, Faridabad, Haryana working as Nursing Orderly, ESIC Medical College and Hospital, N.H.3, N.I.T. Faridabad. (Group C)
….Applicant
(By Advocate - Sh. Jasbir Mor)
Vs.
48
1. Employees State Insurance Corporation, (Headquarters) office, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 through the Director General (ESIC).
2. Additional Commissioner and Regional Director, Employees State Insurance Corporation, 3rdand 4th Floor, Rajendra Bhawan, Rajendra Palace, New Delhi-
110008.
3. The Medical Superintendent, Employees State Insurance Corporation, ESIC Medical College and Hospital, NH-3, NIT, Faridabad, Distt. Faridabad, Haryana.
…..Respondents
(By Advocate - Sh. K. K. Thakur)
(78) O.A. No.060/1018/2021
Mukesh Kumar Lamba son of Sh. Gopal Lal Lamba, age 28 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College , Faridabad, District,Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
49
(79) O.A. No.060/1019/2021
Vivekanand Saini son of Sh. Vijay Kumar, age 32 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001.
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(80) O.A. No.060/1020/2021
Vikas Saini son of Sh. Vijay Kumar, age 34 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad Pin-121001
…Applicant
(BY ADVOCATE: Sh. D.R. Sharma)
VERSUS
1. Employees State Insurance Corporation (Headquarters) through the Director General
50
(ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110 002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110 008.
3. The Medical Superintendent, ESIC Hospital and Medical College , Faridabad, District,Pin-121001.
…Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
(81) OA NO.060/1131/2021
Fateh Alam son of Md. Shahabuddin Ali, age 31 years, working as Nursing Orderly, ESIC Model Hospital, Sector-9, Gurugram-Pin 122001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital, Gurugram, District Gurugram-Pin 122001.
…..Respondents
(By Advocate Sh. K. K. Thakur)
(82) OA NO.060/1213/2021
Harish Sharma son of Sh. Harpal Singh, age 30 years, working as Nursing Orderly, ESIC Medical College and
51
Hospital, Faridabad, Pin-121001. (Group C) ….Applicant
(By Advocate - Sh. D.R. Sharma) Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rd and 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001.
…..Respondents
(By Advocate Sh. K. K. Thakur)
(83) OA NO.060/929/2021
Vikas son of Lilu Ram, age 29 years, working as Nursing Orderly, ESIC Hospital and Medical College, Faridabad, Pin-121001. (Group C)
….Applicant
(By Advocate - Sh. D.R. Sharma)
Vs.
1. Employees State Insurance Corporation (Headquarters) through the Director General (ESIC), Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002.
2. The Addl. Commissioner and Regional Director, ESIC, 3rdand 4thFloor, Rajendra Bhawan, Rajendra Palace, New Delhi-110008.
3. The Medical Superintendent, ESIC Hospital and Medical College, Faridabad-Pin-121001. …..Respondents
(By Advocate - Sh. K. K. Thakur )
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O R D E R
PER: SH. RAMESH SINGH THAKUR, MEMBER (J)
1. All the above 83 Original Applications are taken up together for disposal, as a common question of law and facts are involved in all these cases. With the consent of learned counsels for the parties, the facts are being extracted from O.A.No.060/846/2021 (Poornima Vs. UOI & Ors.) and the said case has been treated as a lead case.
2. This OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 against Order dated 03.08.2021 (Annexure A-1) vide which the services of the applicant shall stand terminated w.e.f. the date of expiry of a period of one month from the date on which this notice is served or the case may be tendered to her on the ground that the experience gained by the applicant is stated to be not as per Recruitment Regulations for the post of Nursing Orderly in ESIC.
3. The facts as stipulated in this OA are that the applicant possesses qualification of Matriculation and also having experience of working as Nursing Assistant. She is also physically handicapped with
53
80% vision disability (Annexure A-2). In 2015, the Employees State Insurance Corporation, ESIC Model Hospital Haryana invited online applications for filling up the posts of Nursing/Paramedical to be filled in the Haryana State on regular basis by Direct Recruitment including vacancies of "Nursing Orderly".
As per Advertisement (Annexure A-3), the following was the educational and other qualification for the posts of Nursing Orderly:-
"Matriculation or equivalent from a recognized Board Elementary knowledge of 1stAid one year experience in handling and dressing wounds in Govt.
approved/registered Nursing Home/Hospital."
4. The Employees State Insurance Corporation (Nursing Cadres/Posts, Recruitment Regulations, 2010 (Annexure A-4) provide the following educational and other qualifications for direct recruitment:-
Educational and Other Qualifications for Direct Recruitment
Matriculation or equivalent from a recognized Board, Elementary knowledge of 1stAid, one year experience in handling and dressing wounds in Govt. approved/registered Nursing Home/Hospital Note 1 : Qualifications are relaxable at the discretion of the competent authority in case of candidates otherwise well qualified.
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Note 2 : The qualification(s) regarding experience is/are relaxable at the discretion of the competent authority in the case of candidates belonging to Scheduled Castes and Scheduled Tribes if at any stage of Selection the competent authority is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them.
5. On being eligible, the applicant applied for the post of "Nursing Orderly" within the stipulated date on 06.01.2016 and successfully cleared the selection process consisting of written examination held on 21 & 22 May, 2016 and scrutiny of documents conducted in March, 2017 as per letter dated 14.03.2017 (Annexure A-5) when the applicant asked to appear physically with all original documents along with attested copies. Applicant produced the Experience Certificate issued by the C.K. Memorial, Kapoor Hospital, Faridabad( Annexure A-6). It is pertinent to mention here that the respondents issued letter dated 20.10.2017 (Annexure A-7) to the Hospital for seeking confirmation of Certificate issued to the applicant. The Hospital Authorities confirmed the Issuance of certificate by their hospital vide letter dated
55
27.10.2017 (Annexure A-8). Along with this letter the Hospital also supplied Certificate of Registration issued by the District Appropriate Authority (PNDT) cum Civil Surgeon), Faridabad dated 26.02.2014 which was valid for the period 03.02.2009 to 02.02.2014. The Hospital also supplied the copy of registration of the Doctor with the Haryana Medical Council,
6. The applicant was thereafter selected and appointed to the post of "Nursing Orderly" in the ESIC Model Hospital, Faridabad vide Memorandum dated 21.11.2017 (Annexure A-9) issued by Deputy Director, Recruitment, ESICMH, Gurugram. After medical examination the applicant being found fit, joined duty on 25.11.2017. As per the appointment letter, the applicant was put on probation for a period of 2 years without any condition whether the probation period was extendable or not. Clause V of the appointment letter further reveals that the appointment was stated to be provisional subject to the verification of the educational/technical qualification/date of birth/caste certificate and in the event claim of belonging to SC/ST/OBC is found to be
56
false the services to be terminated forthwith. This implied that the educational/technical qualifications/date of birth/caste certificate was verified before appointment. Though, there was no mention in the appointment letter for extension of probation period which the applicant completed on 24.11.2019 yet her probation period has been extended upto 15.09.2021.
7. It has been further averred that vide letter dated 05.03.2019 (Annexure A-10), the respondents after verification of the documents cancelled the candidature of the 32 candidates who were found ineligible as per the reason for cancellation shown against the each individual in which the name of the applicant did not figure.
8. That after a period of about 2 years the respondents issued the show cause notice dated 01.07.2019 (Annexure A-11) that the applicant had submitted experience certificate from the non-registered Hospital and that to show cause as to why her services be not terminated for producing aforesaid experience certificate stated to be not as per Recruitment Regulations.
57
9. To the above Show Cause Notice, the applicant filed her reply dated 16.07.2019 (Annexure A-12) and she brought to the notice of the authorities concerned that before her joining, all formalities regarding document formation, experience certificate and other was carried out by the then appointing authority and after ascertaining the genuineness of documents, the letter of appointment was issued and the applicant joined on 25.11.2017. The applicant was further asked to submit her reply to letter dated 01.07.2019 which she gave on 01.08.2019 (Annexure A-13) stating the fact that since there is no provision of registration of Nursing Homes/Hospital in Haryana, she had already submitted the Registration Certificate issued by the competent authority.
10. To the utter surprise of the applicant, the respondent no. 2 issued order dated 03.08.2021 terminating the services of the applicant by simply saying that the reply submitted by the applicant is not satisfactory and that the applicant does not fulfill the eligibility criteria prescribed in the Recruitment Regulations of ESIC for the post of Nursing Orderly.
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11. The applicant submits that vide letter dated 27.03.2019 (Annexure A-14), the respondent No. 1 advised the ESIC Hospital, Baddi that before cancellation of the candidature of the applicant for the post of Nursing Orderly, the Head Office must be consulted. „
12. It is further stated that the issue relating to the experience certificate whether Hospital is recognized or not pertaining to the same selection has been considered by the Hon"ble High Court in CWP No. 27623 of 2017 vide order dated 05.12.2019 (Annexure A-13).
13. Vide letter dated 03.05.2021(Annexure A-16), the Government of India instructed all State Governments/UTs to give weightage to the employees who served during Covid 19 for about 100 days.
14. As an interim measure, vide order dated 11.08.2021, this Tribunal stayed the operation of the impugned order till the next date of hearing.
15. The respondents have filed the written statement rebutting the contentions raised by the applicant in the Original Application. It is stated by the
59
answering respondents that the OA filed by the applicant is baseless and based on figment of imagination. The applicant did not meet the eligibility criteria as per advertisement as she submitted an invalid experience certificate from a non-registered hospital and suppressed the material facts to secure a post to which she is not rightfully entitled.
16. It is further stated by the answering respondents that the applicant herself gave a declaration to the effect that in case of giving any false or incorrect information, her candidature or appointment is liable to be cancelled or terminated without notice.
17. The respondents further submit that they verified with respect to the registration/recognition/approval certificate of the Shivam Bansal Hospital from the Directorate General of Health Services, Govt. of NCT, New Delhi and the said Directorate vide their letter dated 13.01.2016 communicated to the respondents that the said Shivam Bansal Hospital was not recognized during the relevant period.
18. Respondents further relied upon Hon"ble High Court of Delhi in W.P. (C) No. 4341 of 2019 titled
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Mohan Kumar Vs. Director General, ESI Corporation & Another and held as follows:-
"8. Having considered the submissions of learned counsels, we are of the view that the petitioner's candidature was rightly cancelled since he did not provide the experience certificate from a hospital recognised by the Director General of Health Services. The petitioner was well aware of the said requirement as advertised by the respondents. It was not his case, at that point of time, that the said requirement was illegal and contrary to the Recruitment Rules. Not having assailed the prescription in the advertisement with regard to the experience qualification at the relevant point of time, it does not lie in the mouth of the petitioner to subsequently claim that the eligibility the advertisement was contrary to the Recruitment Rules. It appears that the Recruitment Rules were in the process of being amended, since they were framed in criteria laid down in the year 2010 but were published in the official gazette only in the year 2011. It appears that it was this background that the respondents prescribed the eligibility criteria in the advertisement issued by them in March 2011. The eligibility of the petitioner had to be judged on the basis of the application submitted by him, and to permit the petitioner to submit another experience certificate subsequently would not be fair to others who may similarly have been ousted from consideration.
9. We do not find any infirmity in the impugned order."
19. Hence, the respondents submit that the OA filed by the applicant is baseless and deserves to be dismissed.
20. The applicant has filed the rejoinder reiterating his stand taken in the Original Application.
21. It is further stated in the Rejoinder that the facts in the case of 'Mohan Kumar Versus DG, ESIC and another (supra) relied upon by the respondents were different. As per the reply of the respondents
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themselves, the applicant in the said case did not submit the certificate of Shivam Bansal Hospital at the time of verification of documents and also that in the attestation form he did not mention that a police case was registered against him. He on the other hand, besides submitting the details of police case, he submitted different certificate of Kamlesh Medical Centre for the period 16.08.2010 to 31.03.2011. Since there was contradiction in the submission of two certificates and the undertaking given by him while filling up the application form, his candidature was cancelled as he obtained the Certificate of Experience Shivam Bansal Hospital, Delhi and in NCT, Delhi Clinical Establishment Act was already applicable at the relevant time. As far as the case of the present applicant is concerned, she did not conceal anything from the respondents and she submitted her Experience Certificate while working as Nursing Assistant for the period 01.07.2013 to 30.06.2014 from C.K. Kapoor Hospital, Faridabad. The respondents got it verified from the concerned Hospital and after due verification made by them and inspection of the documents of the applicant on
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14.03.2017, the said certificate was found to be genuine. As far as the plea of the respondents that experience gained by her is not from Government approved Hospital/Nursing Home, it is submitted that the Clinical Establishment Act was not applicable in Haryana till 2018. However, the C.K. Memorial Kapoor Hospital was registered with the District Appropriate Authority (PNDT)-cum-Civil Surgeon, Faridabad vide Certificate of Registration dated 26.02.2014 when it was reviewed for the period 03.02.2009 to 02.02.2014. The applicant is working in ESIC Hospital since her Appointment. The applicant is working for the last about four years and her work and conduct is satisfactory. Moreover, ESIC Hospital has been declared as dedicated Covid hospital and the duty performed by the applicant during the crucial time of Covid has been appreciated. Since Clinical Establishment Act was not applicable in the State of Haryana till 2018, no private Hospital could be registered under the said Act.
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22. We have heard the learned counsels for the parties and have carefully gone through the pleadings and law points raised on the issue.
23. From the pleadings, the admitted facts are that in the year 2015, ESIC Model Hospital Haryana invited online applications for filling up different posts of Nursing/Paramedical to be filled in the ESIC on regular basis by Direct Recruitment including Nursing Orderly. The applicant being eligible applied for the above said posts of Nursing Orderly and successfully cleared selection process consisting of written examination and scrutiny of documents. The applicant had also produced the experience certificate issued by the C.K. Memorial, Kapoor Hospital, Faridabad. The respondents issued the letter seeking confirmation of certificate issued to the applicant. The Hospital Authorities confirmed the issuance of certificate. The Hospital also supplied Experience Certificate of Registration issued by the District Appropriate Authority (PNDT)-cum-Civil Surgeon, Faridabad dated 26.02.2014 which was valid for the period 03.02.2019 to 02.02.2014. The Hospital also supplied the copy of Registration of the
64
Doctor with the Haryana Medical Council. The applicant was thereafter selected and appointment letter was issued as Nursing Orderly in the ESIC Hospital. Lateron, the medical examination was conducted and the applicant was found fit and accordingly joined her duty. As per appointment letter, the applicant was put on probation for a period of two years without any condition as to whether the period of probation was extendable or not. However, the appointment letter was stated to be provisional subject to the verification of the educational/technical qualification/date of birth/caste certificate and in the event claim of belonging to SC/ST/OBC is found to be false, the services to be terminated forthwith. Thus, the
educational/technical qualification/date of birth/caste certificate was verified well before the issuance of appointment letter.
24. It has been specifically submitted that after due verification of the documents the respondents cancelled the candidature of 32 candidates who were found ineligible as per the reasons for cancellation
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shown against the each individual in which the name of the applicant did not figure.
25. To the utter surprise of the applicant, after a period of about two years, the respondents issued the Show Cause Notice that the applicant had submitted an experience certificate from a non-registered hospital and that to show cause as to why her services shall not be terminated for producing the aforesaid experience certificate stated to be not as per Recruitment Regulations. The applicant submitted her reply that before joining, all the formalities regarding document formation, experience certificate and other was carried out by the then appointment authority and after ascertaining the genuineness of documents, the letter of appointment was issued to the applicant and as such, the applicant joined her post. The applicant was again asked to submit reply to letter dated 01.07.2019 which she again replied with the fact that since there is no provision of registration of Nursing Homes/Hospital in Haryana, she had already submitted the Registration Certificate issued by the competent authority.
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26. To her utter shock and dismay, the applicant received order dated 03.08.2021 terminating the services of the applicant by simply saying that the reply submitted by the applicant is not satisfactory and that the applicant does not fulfil the eligibility criteria prescribed in the Recruitment Regulations of ESIC for the post of Nursing Orderly.
27. From the pleadings, the following questions of law have arisen:-
"(i) Whether the action of the respondents terminating the services of the applicant after a period of more than 4 years of appointment by applying Rule 5(i) of CCS (TS) Rules, 1965 on the allegation of invalid experience is illegal and arbitrary and is against the law?
(ii) Whether the Statutory Rules of the respondent department when nothing specific has been given to the extent as to from where the experience to be gained or acquired for being appointed to the post of Nursing Orderly?"
28. The contention of the applicant is that before appointment, the verification of the documents was conducted by the respondents. The applicant has worked for more than six years as Nursing Orderly. The applicant had replied to the Show Cause Notice and has raised the various issues, but the respondents have not considered those issues and simply terminated the services of the applicant only
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by saying that the reply submitted by the applicant is not satisfactory.
29. It has been submitted by the applicant that there was no provision of registration of nursing homes /hospital in Haryana and the Registration Certificate has been issued by the competent authority at that particular time. It has further been submitted by the applicant that the respondent ESIC itself was not clear about the experience of one year from a Hospital/Nursing Home for the post of Nursing Orderly as it is clear from the communication dated 27.03.2019 by the respondents wherein the Medical Superintendent submitted before the Respondent No. 2 that registration of Hospital/Nursing Home as described in the Recruitment Regulation is not specifically mentioned as the registration from various department needed to run a Nursing Home/Hospital like registration under Shops & Commercial Establishment Act, Pollution Control Act, Income Tax Act, various Labour Laws, ESI & EPF and in some cases States Clinical Establishment Act. The Medical Superintendent, Baddi sought clarification from the respondent No. 1 to clarify as to under
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which specific Act such institution is required to be registered.
30. It has been further submitted by the applicant that the respondents have written APAR of the applicant and same is upto the mark and all the applicants have been given outstanding/very good/good markings in the APAR and there were no adverse remarks against any applicant and the work of all the applicants is found to be satisfactory till date.
31. Moreover, the applicant submits that there are number of employees in various hospitals who have gained experience from Hospitals/Nursing Homes from where the applicants have possessed the experience but the applicants in these OAs are being deprived of the same by not considering the same experience as possessed by the other regular employees which is against the principles of natural justice and violative of Articles 14 and 16 of the Constitution of India.
32. The applicant has further submitted that the similar issue was dealt with by the Hon"ble High Court of Punjab and Haryana in CWP No. 27623/2017 decided titled Sheikh Irshad Ansari Vs. UOI on
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05.12.2019 pertaining to the same recruitment of the respondent Corporation in which it was held that once the employer has made verification of the experience certificate before appointment, they cannot be allowed to cancel the candidature and a direction was issued to consider the case of the petitioner in that case for appointment.
33. On the other hand, the respondents have placed reliance upon the order passed by the CAT Principal Bench in OA No. 3429/2016 titled Mohan Kumar Vs. ESIC decided on 30.01.2019 wherein candidature of the applicant was cancelled during document verification on different grounds, but in the instant case, the termination order has been issued after verification of the various documents at the initial stage itself and all the formalities were completed well before the issuance of the appointment letters. So, the reliance put forth by the respondents on the judgement of Mohan Kumar
(supra) is distinguishable on facts.
34. In the instant case, the applicants were appointed on the post of Nursing Orderly after due verification of the documents and after scrutinising the same. The
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Tribunal has further observed that the applicants are serving the ESIC hospital for the last more than five years and they have now gained the vast experience also.
35. Moreover, this Tribunal is of the view that though the Central Government notified Clinical Establishment Act, 2010 but in some States like Haryana, Rajasthan, Uttar Pradesh, New Delhi and Telangana, the same has not been implemented. In few States, after the applicants were appointed to the post of Nursing Orderly i.e. Haryana adopted in the year 2018, Rajasthan adopted in the year 2019, Uttar Pradesh till date has not adopted the said Act and Telangana till date has not adopted the same. So, the registration under the Central Government notified Clinical Establishment Act, 2010 does not come into the picture.
36. Besides, the applicants have not misrepresented at the time of document verification done by the respondents qua their documents before the competent authority.
37. It is further averred by the learned counsel for the applicants that the notice for termination of services
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has been issued to the candidates appointed on the post of Nursing Orderly, i.e. the applicants for termination of their services on account of not having the experience from the Government
approved/Registered Nursing Home/Hospital but no such notice has been issued to the candidates appointed on the post of OT Assistant J. Radiographer, Dresser, Plaster Assistant, ECG Technician and Junior MRT though condition of the experience was same and number of candidates appointed on the said posts are still working and their experience certificates have been accepted as it is by the respondents. These posts have been advertised in the same advertisement. Thus, the applicants allege discrimination against the respondents.
38. The applicants have also relied upon the judgement passed by the Hon"ble Punjab and Haryana High Court in the case of Varinder Hans Versus Union of India and others, reported as 2019 (4) SCT 513 wherein it has been held as under:-
"14. From the above, it is clear that there is no allegation of any misrepresentation on the part of the petitioner. The documents submitted by him were duly
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scrutinized. He was found eligible. He appeared for the interview. His skill at caning was put to test. He secured the maximum marks. The expert who evaluated the skill of the candidates did not find the petitioner lacking in any manner. He was recommended for appointment and joined 5.2.2014. He was terminated on 1.10.2015 after he had worked for about one year and eight months. There is no observation that he was lacking in skill or that his work at the PGI was not upto the standards."
39. The applicant has further relied upon the judgement passed by the three judges Bench of the Hon"ble Supreme Court in the case of J.C. Yadav Vs. State of Haryana, 1990(2) SCC 189 wherein it has been held as follows:-
" 6. The Rule confers power on the Government to dispense with or to relax the requirement of any of the Rules to the extent and with such conditions as it may consider necessary for dealing with the case in a just and equitable manner. The object and purpose of conferring this power on the Government is to mitigate undue hardship in any particular case, and to deal with a case in a just and equitable manner. If the Rules cause undue hardship or Rules operate in an inequitable manner in that event the State Government has power to dispense with or to relax the requirement of Rules. The Rule does not restrict the exercise of power to individual cases. The Government may in certain circumstances relax the requirement of Rules to meet a particular situation. The expression "in any particular case" does not mean that the relaxation should be confined only to an individual case. One of the meanings of the expression "particular" means "peculiar or pertaining to a specified person--thing--time or place-- not common or general". The meaning of the word particular in relation to law means separate or special, limited or specific. The word 'case' in ordinary usage means 'event', 'happening', 'situation', 'circumstances'. The expression 'case' in legal sense means 'a case', 'suit' or 'proceeding in Court or Tribunal'. Having regard to these meanings the expression 'in any particular case' would mean; in a particular or pertaining to an event, situation or circumstance. Rule 22 postulates relaxation of Rules to meet a particular event or situation, if the operation of the Rules causes hardship. The relaxation of the Rules may be to the extent the State Government may consider necessary for dealing with a particular situation in a just and
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equitable manner. The scope of Rule is wide enough to confer power on the State Government to relax the requirement of Rules in respect of an individual or class of individuals to the extent it may consider necessary for dealing with the case in a just and equitable manner. The power of relaxation is generally contained in the Rules with a view to mitigate undue hardship or to meet a particular situation. Many a times strict application of service rules create a situation where a particular individual or a set of individuals may suffer undue hardship and further there may be a situation where requisite qualified persons may not be available for appointment to the service. In such a situation the Government has power to relax requirement of Rules. The State Government may in exercise of its powers issue a general order relaxing any particular Rule with a view to avail the services of requisite officers. The relaxation even if granted in a general manner would ensure to the benefit of individual officers.
7. The State of Haryana was formed in March, 1966 prior to that it was part of the State of Punjab. The service rules relating to Public Works Department as applicable to the State of Punjab were made applicable to Haryana. Rule 6(b) which prescribed qualification for appointment to Class I service lays down that no person shall be appointed to the service by promo- tion from Class II service unless he has completed eight years' service in Class II and has passed departmental examination prescribed under Rule 15. None of the appellants had completed eight years' service in Class II. In fact no other member of Class II service possessing the requisite qualifications was available for selection to Class I post. The respondent no doubt possessed the requisite qualification with regard to the eight years length of service in Class II but he did not possess requisite educational qualification. Thus no qualified officer of Class II service was available for promotion to Class I service although a number of vacancies were existing in Class I service. Having regard to these facts the Selection Committee made recommendation for the relaxation of Rule 6(b) in favour of the appellants, who were found otherwise suitable. The Public Service Com- mission also agreed with the recommendation made by the Selection Committee. The non-availability of suitable Class II officers in Engineering Department possessing the necessary and prescribed qualifications for promotion to Class I posed a problem for the State Government, as on account of the large scale expansion of Engineering Department a number of posts in Class I service were lying vacant. A similar
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situation prevailed in the Building and Road Branch of Public Works Department. In the circumstances, the State Government with a view to meet the particular situation decided to relax the qualifying length of service to such officers who had completed four years of service in Class II, it therefore relaxed the requirement of Rule 6(b) to the extent that a member of Class II service having four years' service was qualified for being considered for promotion to Class I service. These facts would clearly show that the relaxation had been granted to particular individuals with a view to meet the situation, which was in public interest. We find no legal infirmity in the order of relaxation.
8. In B.S. Bansal v. State of Punjab and Ors., [1978] 2 SLR 553 a Bench of the Punjab and Haryana High Court held that if the power of relaxation could be exercised in order to meet a general situation, then the whole purpose of the Rule would be frustrated and the Government would be armed with an arbitrary power which could cause great hardship to some officers. We have already referred to the relevant facts which show that in the instant case, power of relaxation was exercised by the State Government to meet a particular situation, it did not result into any injustice or cause hardship to any one. If power of relaxation is exercised on extraneous consideration for oblique purposes or mala fide, the court has power to strike down the same but exercise of power of relaxation to meet a particular situation cannot be held to be arbitrary or illegal. In B.S. Jain v. State of Haryana, [1981] 1 SLR 233 the High Court set aside the promotions made in pursuance of the relaxation granted under Rule 22 placing reliance on the decision of the Division Bench in B.S. Bansal's case. On appeal, this Court in Ashok Gulati v. B.S. Jain, AIR 1987 SC 424 observed that the findings of the High Court that the State Government could not have relaxed the condition of passing the departmental professional examination by taking recourse to Rule 22 which conferred power of relaxation on the State Government could hardly be sustained.
9. In Jit Singh & Ors. v. State of Pubjab & Ors., [1979]
3 SCR 194, the State Government's order granting relaxation under Rule 14 of the Punjab Police Service Rules 1959 in respect of the period of service, was questioned. Rule 14 was almost identical in terms as Rule 22 of the instant case. In Jit Singh's case (supra) promotion of Inspectors to the post of Deputy Superintendent of Police was involved. Under the Police Service Rules 1959 a Police Inspector having six
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years' continuous service was eligible for promo- tion to the post of Deputy Superintendent of Police. The State Government in exercise of its power under Rule 14 granting relaxation to Inspectors who had been found fit for promotion, as a large number of vacancies had occurred in the cadre of Deputy Superintendent of Police and no suitable persons having the requisite period of service were avail- able. Promotions made pursuant to the relaxation were challenged before the High Court. The High Court dismissed the writ petition on the ground that the petitioners before it were not qualified for promotion. On appeal before this Court, the High Court's judgment was upheld. This Court took the view that since the appellants before it were not eligible for promotion as their names were not included in the Select List prepared by the Public Service Commission and further as they had not completed six years' of continuous service prior to the respondents, they were not entitled to any relief. The appeal was accordingly dismissed by this Court. While considering the question of validity of relaxation, the Court made observation that Rule 14 did not permit any general relaxation of the nature ordered by the State Government. The Court, however, did not examine the matter in detail as it was of the view that since the appellants in that case were not eligible for promotion they could not question the validity of the appointment of those who had been promoted on the basis of relaxation being granted by the State Government. The Court upheld the promotions in view of the extra ordinary situation in which the State Government made appointments iv derogation of requirement of Rules.
10. On a careful scrutiny of the Rules in its various aspects we do not agree with the observations made in Jit Singh's case (supra). Though Rule 22 is not happily worded, as apparently it gives an impression that no general relaxation can be granted by the State Government, out on a close scrutiny of the scope of the power we find that a narrow construction of the Rules would nullify the Government's power of relaxing Rules to meet a particular situation. Rule 22 is beneficial in nature it must be construed in a liberal manner and it should not be interpreted in a manner to defeat the very object and purpose of such power. Power to grant relaxation may be exercised in case of an individual to remove hardship being caused to him or to a number of individuals who all may be similarly placed. This power may also be exercised to meet a particular situation where on account of the operation of the
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Rules hardship is being caused to a set of individual officers. In the instant case the appellants were found suitable for promotion by the screening committee, the Commission and the State Government, and the contesting respondent Vyas Dev was not found suitable even otherwise for promotion, the State Government granted relaxation of Rule 6(b) in favour of the appellants. In such a situation, it is beyond comprehension that the power of relaxation under Rule 22 was exercised arbitrarily or that it caused hardship or injustice to anyone. On the formation of the new State of Haryana no promotion from Class II officers could be made to Class I service without granting any relaxation since 1966 to 1978. In 1971- 72 eleven vacancies in the post of Executive Engineers were filled by promotion from Class II officers although none of them had completed requisite period of service prescribed by the Rules for promotion. In 1976-77 and 1977-78 sixteen and nine vacancies respectively in the post of Executive Engineers were filled by promotion by granting relaxation as no officer of Class II service possessing requisite number of years of service was available for promotion. In 1978- 79 seven officers of Class II service were promoted to the post of Executive Engineer but only one of them possessed the requisite period of service and all others were granted relaxation. These facts clearly show that in the absence of relaxation there could be no promotion to the post of Execu- tive Engineer and the officers who were found suitable would have suffered great hardship. In 1973 also the State Govern- ment with a view to meet the particular situation exercised its power of relaxation in appellants' favour. Having regard to these facts and circumstances, we find no illegality in the appellants' promotions, pursuant to the relaxation granted by the State Government.
11. In Bansal's case (supra) the High Court, and even in Jit Singh's case (supra) this Court did not set aside the promotions made by the Government pursuant to relaxation of Rules on the ground that the petitioner who challenged the promotions was himself not qualified, and he had no legal right to hold the post in dispute, although in both these cases Government's order granting general relaxation was held to be outside the scope of Rule 22 and Rule 14 of the Punjab Police Service Rules 1959. In the instant case the High Court has set aside the appellants' promotions following Bansal's case interpreting Rule 22 but it failed to notice that in that case the High Court did not set aside the promotions instead it dismissed the petition on the ground that the petitioner therein was not qualified and none of his
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rights were affected. The High Court failed to notice that Vyas Dev respondent was considered for promotion but he was not found suitable, therefore he was not entitled to any relief. Since no legal right of the respondent was adversely affected the High Court should not have quashed the appellants' promotions.
12. On behalf of the appellants an alternative submission was made that since the appellants had already completed eight years' of service in Class H service during the pendency of the writ petition, their appointment stood regularised. To support this submission reliance was placed on the decision of this Court in Ram Sarup v. State of Punjab, [1979] 1 SCC
168. In that case appointment to the post of Labour- cum-Conciliation Officer was made in breach of Rule 4 Clause (I) of the Punjab Labour Service Class I and II Rules 1955 as Ram Sarup did not possess five years' experience, required by sub-clause (I) of Rule 4, In spite of that he had been appointed to the post of Labour-cum-Conciliation Officer. Subsequently, Ram Sarup was reverted on the ground that he was not qualified to be appointed as a Labour-cum- Conciliation Officer as he did not possess the minimum qualification of length of service. This Court held that the appointment of Ram Sarup made in breach of Rules was irregular, but not wholly void and since Ram Sarup had completed five years of experience of working of labour laws before his reversion, his appointment to the post of Labour-cum- Conciliation Officer stood regularised with effect from the date he completed five years of service. On these findings order of reversion was set aside by this Court. Undisputably, the appellants completed eight years of service before January 15, 1980, the date on which the Division Bench of the High Court set aside their promotions. In view of the principles laid down in Ram Sarup's case (supra) the appellants' appointment, even if irregular, stood regularised on the date they completed eight years of their service and there- after their promotions could not be set aside. We accordingly allow the appeal, set aside the judgment and order of the Division Bench dated 15.1.1980 and restore the order of the learned single Judge dismissing the respondents' writ petition. There will be no order as to costs."
40. The applicant has also relied upon the judgement passed by the Guwahati High Court in the case of
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reported as 2002(1) GauLJ 456 wherein the Hon"ble Court has relied upon the judgement passed by the Apex Court in the case of Ram Sarup Vs. State of Haryana and others, 1979 (1) SCC Page 168 and Buddhi Nath Choudhury and Ors. Vs. Abahi Kumar and Ors. , 2001 (3) SCC Page 328 and allowed the petition in favour of the petitioner.
41. We also cannot ignore the fact that since Clinical Establishment Act was not applicable in the State of Haryana till 2018, no private hospital could be registered under the said Act. Even otherwise, the applicants are working for the last about five years and their work and conduct is stated to be satisfactory. The applicants have also worked during the hardest time of COVID-19 in the year 2020 and 2021 and their contribution towards the cause cannot be ignored.
42. Since the applicants have already surpassed the age of employment in the Government and keeping in view the uncertainty of their future career as well as principles of natural justice and the elaborate judicial
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pronouncements on the subject, we deem it fit to allow all these Original Applications.
43. Accordingly, all the 83 Original Applications are allowed. The impugned orders therein terminating the services of the applicants are hereby quashed and set aside. The respondents are directed not to terminate the applicants from the post of Nursing Orderly.
44. However, there shall be no order so as to costs.
45. A copy of this order be kept in other connected files as well.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
MEMBER (A) MEMBER (J)
ND*
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