Bhanumati Nair, Staff Nurse, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002 vs Medical Superintendent, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 7828

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. K. V. Eapen, Administrative Member, Mr. K. Haripal, Judicial Member
Bhanumati Nair, Staff Nurse, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002 – Appellant
Versus
Medical Superintendent, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002 – Respondent

Advocates:
For the Appellants/Petitioners: Mr. P.K. Madhusoodhanan, Mr. Binoy Krishna P.M.
For the Respondents: Mr. T. V. Ajayakumar, Mrs. P.K.Latha, ACGSC

Table of Content
1. overview of applicant's background and pay fixation post transfer. (Para 1 , 2 , 3)
2. argument concerning the preservation of grade pay under existing policies. (Para 4 , 5 , 6)
3. discussion of tribunal decision and relevant rulings regarding pay protection. (Para 7 , 11 , 12 , 13)
4. conclusion involving the mandatory protection of grade pay and ruling specifics. (Para 14 , 15 , 16 , 17 , 18)

ORDER

Mr. K.V. Eapen, Administrative Member

This Original Application is similar to the series of OAs filed by employees in the matter of pay fixation after Inter Regional Transfers on own request in various organizations. Generally, the common theme is that, their pay which was last drawn in the original place of posting (including the 6^th Central Pay Commission, Grade Pay) is to be fully protected in all respects even after reversion to a lower post at bottom seniority after joining in the new place of posting. We also note that by and large this Tribunal has been supporting the contention made by the applicants in these OAs though the facts and circumstances may vary in each case.

2. The case of the applicant in this OA is on similar lines. Here the organisation concerned is

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