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2024 Supreme(Online)(CAT) 16275

CENTRAL ADMINISTRATIVE TRIBUNAL
SUNIL THOMAS, J, Ms. V. RAMA MATHEW, ACJ
Dr. Abhirami Sreechith – Appellant
Versus
The Secretary, Ministry of Labour and Employment Department, Government of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sunil V. Mohammed, Mr. Tom Pious & Mr. Thasneem Ashraf
For the Respondents: Mr. Sreejith.N, ACGSC for R-1 & Mr. T.V. Ajayakumar for R2- R5

Table of Content
1. overview of the bond service under the esic scheme. (Para 1 , 2)
2. nature and enforceability of the bond. (Para 10 , 18)
3. existence of unilateral obligation without binding service contract. (Para 11 , 12 , 15)
4. conclusion on the dismissal of the application. (Para 19)

ORDER

Per: Justice Sunil Thomas, Judicial Member

All the applicants had attended MBBS course at Employees State Insruance Corporation (ESIC) medical college and PGIMSR, Chennai under 'ESIC Residency Scheme'. Under the scheme, such candidates are admitted to study in the college at subsidized fees rate, on executing a bond, inter alia, undertaking that after completion of their studies, they will undertake bond services at the ESIC hospitals as Junior Residents for the period prescribed in the bond. Accordingly, the applicants executed bonds at the time of their admission to the MBBS course to the medical college, inter alia, undertaking to render bond service as Junior Resident (UG) in the ESIC hospitals for 3 years. The applicants accordingly underwent studies in the 2017-22 batch. After their studies, they joined the ESIC hospitals in Kerala on 31.07.2023.

2. Upto 2016, the prescribed bond period w

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