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2019 Supreme(Gau) 832

ARUP KUMAR GOSWAMI, MANISH CHOUDHURY
Employees State Insurance Corporation – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Sishir Dutta, Adv.

JUDGMENT :

A.K. Goswami, J.

Heard Mr. S. Dutta, learned senior counsel for the petitioners. Also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India appearing on behalf of Respondents No.1 and 2; and Mr. S. Choudhury, learned counsel appearing on behalf of Respondents No.3 to 55.

2. This writ petition is filed on 24.1.2019 challenging the judgment and order dated 27.9.2016 passed by the Central Administrative Tribunal, Guwahati Bench (for short, 'CAT') in Original Application No.040/00290/2015. By the impugned judgment, the CAT held that service reckoned for the purpose of Assured Career Progression (ACP) would include the period during which the applicants before the CAT were working with the State Government and, accordingly, order dated 19/25.10.2012 as well as the consequential order dated 8.7.2015 were set aside.

3. The applicants before the CAT initially served under the Government of Assam. However, subsequently, on 1.1.2006, they were absorbed by the Employees State Insurance Corporation (for short, 'ESIC') Model Hospital, Beltola, and, over a period of time, they were granted ACP benefits.

4. While setting aside the orders dated 19/25.10.2012 and 8.7.2015, the CA

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