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RAJIV SHAKDHER, TALWANT SINGH
Esic Medical Laboratory Technologists Association – Appellant
Versus
Director General Employees State Insurance Corporation – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM No. 46508/2021
1. Allowed, subject to just exceptions.
W.P.(C) 14781/2021 and CM Nos.46509-10/2021
2. Issue notice.
2.1. Mr Shlok Chandra accepts notice on behalf of the respondent.
2.2. Mr Chandra says that he does not wish to file a counter-affidavit in the writ petition, in view of the order that we propose to pass.
3. Thus, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. This writ petition is directed against an interlocutory order dated 10.12.2021, passed by the Central Administrative Tribunal, Principal Bench, New Delhi [in short " the Tribunal"] in O.A. No.2865/2021.
4.1. A perusal of the impugned order dated 10.12.2021 shows that notice in the original application i.e., O.A. No. 2865/2021 has been issued. The Tribunal has fixed the matter, on 05.01.2022, to consider the petitioners prayer for grant of interim relief.
5. Mr Joby P. Varghese, who appears on behalf of the petitioners, says that, the respondents reliance on the order of the Karnataka High Court dated 30.07.2021, passed in W.P(C)3343/2020, is misplaced, as the direction issued in that judgment was confined
The court emphasized the need for the Tribunal to examine and adjudicate upon the aspects related to the mode of appointment for the post of Lab Assistant, in line with the terms stipulated by the Ce....
The court affirmed the necessity for the Tribunal to examine recruitment practices as per the ESIC Act, particularly the conflict between promotee appointments and direct recruitment for the Lab Assi....
Provisional participation in interview pending fresh action before the Tribunal
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.
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