IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:-

The Hon’ble Justice Madhuresh Prasad And The Hon’ble Justice Supratim Bhattacharya W.P.C.T. 103 of 2025 The Dean in Charge, ESI-PGIMSR, ESIC Medical College and ESIC Hospital & DCE (EZ)

Vs.

Dr. Bijita Dutta & Ors.

For the Petitioner : Mr. Shiv Chandra Prasad.

For the Respondents : Mr. Manujendra Narayan Roy, Mr. Biswarup Nandy, Mr. Rajesh Kr. Shah.

Judgment on : September 12, 2025 Madhuresh Prasad, J.:

1. The Writ Petitioner was the respondent before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to in short as Tribunal). The present respondent, who was the applicant challenged the reasoned order dated 14.07.2023, issued by the Director General, Employees’ State Insurance Cafofirrpmoreadt itohne (r“eEcSoImCm” ienn dsahtoiortn) , owf thheer eDbeyp aarntdm ewnhtearl ePurnodmeort itohne CDoimremctiottre Ge e(nDePrCa)l unfit Adastseodc ia0t2e. 0P2ro.2f0es2s3o, r wfinitdhi nefgf etcht ef roapmp tlihcea ndta t“e of h”e rf oerli gpibroilmityo,t ii.oen. 2t6o. 0t5h2e0 2p1o.s Tt hoef Tribunal, vide order dated 21.02.2025 passed in OA NO. 1369 of 2023, set aside the impugned decision of the Director General ESIC, dated 14.07.2023 and directed the respondents to convene review DPC for considering grant of promotion to the applicant to the post of Associate Professor, if otherwise she is fulfilling other eligibility conditions. The Tribunal has also allowed the consequential reliefs, as a result of such decision, directed to be taken within 45 days from the date of Communication of Certified copy of the order of the Tribunal.

2. The applicant joined service under the ESIC as an Assistant Professor in the Department of Pathology on 26.05.2016 at ESI PGIMSR, Maniktala on regular basis. The applicant was desirous of pursuing the super-specialty course DM (Clinical Haematology) and sought leave for pursuing the course at Nil Ratan Sirkar Medical College and Hospital, Kolkata. The duration of the course was between 08.08.2016 and 07.082019. The petitioner was granted extraordinary leave for pursuing the same. Upon completion of her course the applicant resumed her services at ESI-PGIMSR, Maniktala on 08.08.2019.

3. The headquarter, issued an Office Order dated 02.11.2021, pursuant to which the applicant was relieved from Maniktala to report to ESI PGIMSR & ESIC Medical College and ESIC Hospital ODC (EZ) Joka, Kolkata (h—ereinafter referred to as Joka). The applicant joined at Joka on 09.11.2021, in compliance of the Relieving Order issued by the Dean, ESI-PGIM SR, Maniktala on 08.11.2021.

4. (Medical Teaching Faculty Posts), RThecer uEimtmpleonyte eRse’ gSutlaatteio Innss,u 2ra0n1c5e (Choerrpeoinraatfitoenr in short 2015 Regulations), was framed by the ESIC with approval of the Central Government for regulating the method of recruitment to medical teaching faculty posts in the ESIC Medical Colleges. The 2015 Regulations provided the age limit, qualifications and method of recruitment, etc. to the medical teaching faculty posts, in Column (5) and (13) of the Schedule annexed to the 2015 Regulations. The eligibility for recruitment by way of promotion to the posts of Associate Professor was stipulated in the Schedule, relevant extract of which reads:

“Promotion Assistant Professor with five years regular service in pay band-3 Rs. 15600-39100- with grade pay of Rs. 6600 subject to satisfaction of Medical Council of India (MCI) Norms and satisfactory completion of mandatory training before consideration for promotion.

(**Extra Ordinary leave availed for reasons other than on Medical Certificate and for study purpose, shall be excluded from the qualifying service).”…

5. Thus the applicant, who had completed 5 years regular service as an Assistant Professor was expecting promotion to the post of Associate Professor.

6. The ESIC authorities on 06.02.2023, published a list of Doctors who were plisrot mofo pterdom aso tAesds oDcoicattoer Ps.r Bofeeisnsgo ra