CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00239/2025 ORDER RESERVED : 14.08.2025 DATE OF ORDER : 29.08.2025 HON’BLE MR. JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

HON’BLE MR. SANTOSH MEHRA, MEMBER (A)

Dr. M.G. Shivakumar Babu, 62 years, S/o Late Sri T.Gangaiah, Chief Medical Officer (NFSG), Head of the Urology Department, Employees State Insurance Corporation, Model Hospital, Rajajinagar, Bengaluru-560010.

Residing at No.72, 3^rd main, 1^st Stage Karnataka Layout, West of Chord Road, Bengaluru-560010. …Applicant (By Advocate, Shri P.A. Kulkarni)

Vs.

1. The Director General, Employees State Insurance Corporation, Panchadeep Bhavan, CIG Marg, New Delhi -110002.

2. Medical Commissioner (Administration), Employees State Insurance Corporation, Panchadeep Bhavan, CIG Marg, mikasha mikasha suneja New Delhi 110002.

3. Dean, ESIC MC Post Graduate Institute & Medical Science Research (PGIMSR), Model Hospital Rajajinagar, Bengaluru-560010.

4. Medical Superintendent, Employees State Insurance Corporation, Model Hospital, Rajajinagar 2^nd Block, Bengaluru -560010. ...Respondents (By Advocate, Shri N. Amaresh)

O R D E R Per: Hon’ble Shri Santosh Mehra ...........Member(A)

Through this OA, the applicant has sought the following relief:

“a) Quash the e-mail order dated 29.04.2025 Annexure A5 emanated from the office of DEAN, ESIC MC Graduate Institute & Medical Science Research, Model Hospital Rajajinagar, Bengaluru and Medical Superintendent, ESIC Hospital, Rajajinagar, Bengaluru Respondents No.3 &4 respectively with a further direction to the respondents to permit working of the applicant as before till the age of 65 years.

b) Pass such other order or direction that this Hon’ble Tribunal may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity.”

mikasha mikasha suneja

2. The facts in a Nutshell are as follows:

The applicant, while working in Rajajinagar ESIC Hospital, as HoD of Department of Urology, attained superannuation at the age of 62 years on 31st July 24. He opted for extension of service up to 65 years, based on the GSR No.767 (E) dated 11.08.2018 of DoPT and OM and SOP dated 17.10.2018 of ESIC. In anticipation of the extension, the applicant was permitted to continue to work in the ESI hospital till April 2025. However, on 29.04.2025, an email was received from the Respondents by which, he was prohibited to work further and his Biometric ID was deactivated. Aggrieved by this order, he has approached this Tribunal for relief through this OA.

3. The applicant’s Counsel submits that the applicant, while working as HOD in the Department of Urology at ESIC Hospital Rajajinagar, attained superannuation on 31st July 24, on reaching the age of 62 years. He further states that the applicant, strictly in conformity with Annexure A2, which is the OM dated 17.10.2018 of ESIC, had applied for extension of service up to 65 years, in both online and off-line mode on 18th March 24. As no communication was received regarding his confirmation of extension, Respondents continued the services of the applicant, in anticipation of his confirmation. However, no salary was paid to him from August, 2024 onwards for a long time.

mikasha mikasha suneja

4. The applicant’s Counsel further submits that on 29th April 25, an Order was received communicating that from 1^st May 2025, the applicant will not be allowed to work any further and his Biometric ID will be deactivated .

5. The applicant Counsel points out that this order was illegal and incorrect and indicates high handedness on the part of the higher administration. Highlighting the contribution of the applicant as HOD of Urology Department, the Counsel says that the applicant secured two seats in Urology for PG Super Speciality, and was also guiding two students for July, 2023 session in addition to working as a Senior Consultant faculty in the Department of Urology. The Counsel states that the applicant had approached thi