-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 803/2020 Reserved on:- 11.12.2025 Pronounced on: - 05.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

1. Darbara Singh, Aged 47 years S/O Sh. Malkiat Singh, presently working as Deputy Director, Group 'A', O/O, Regional Director, ESI Corporation Regional Office, 10-B, Radha Bhawan, Shastri Nagar, Jammu-180004.

2. Amit Kumar, Aged 33 years S/O Sh. Satya Pal Singh, presently working as Deputy Director, Group 'A', ESIC Medical College and Hospital, NH-3, NIT, Faridabad-101213.

...Applicants (By Advocate: - Miss Gauri Puri)

VERSUS

1. Union of India through Secretary to Government of India, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.

2. Employees State Insurance Corporation, , Panchdeep Bhavan, C.I.G.

Marg New Delhi-110002, through its Director General.

…Respondents.

(By Advocate: - Mr. KK Thakur)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Quash Regulations known as Employees State Insurance Corporation, Deputy Director Recruitment Regulations, 2014 notified vide Notification dated 12.12.2014, published in the Gazette of India dated 06.06.2015, copy attached Annexure as A-1, to the extent non-functional Pay Scale under the nomenclature of Deputy Director (Senior Time Scale) in the Pay Band-3 of Rs.15600-39100 with Grade Pay of Rs.6600/- has been made admissible on completion of five years' regular service as Deputy Director in the Pay Band-3 in the pay scale of Rs.15600-39100 with Grade Pay of Rs.5400/- to the extent eligibility qua existing regular Deputy Directors, who were eligible for Senior Time Scale after four years of regular service, have not been considered in terms of DOPT circular dated 31.12.2010, which of inter-alia provides retention existing eligibility service qua those incumbents, who were holding feeder grade posts on regular basis on the date of notification of the revised rules, could be included in the revised rules as per para 3.1.3 and para 3.1.2 of the said guidelines provides that where juniors who have completed their qualifying eligibility service are being considered for promotion, seniors would also be their considered provided they are not short of the requisite qualifying service or two /eligibility whichever is years, less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying / eligibility service, and quashing thereof to that extent.

b) Quash impugned order dated 23.11.2017 passed by respondent No.1 as conveyed to the applicant vide letter dated 04.04.2018, copy Annexure A-2 (Colly.), whereby representation of applicant No.1 for granting Senior Time Scale from the date of completion of four years’ service as Deputy Director has been rejected.

c) Quash impugned order dated 11.12.2017 passed by respondent No.1, copy Annexure A-3, whereby representation of applicant No.2 for granting Senior Time Scale from the date of completion four years’ service as Deputy of Director has been rejected.

d) Quash Office Order No.118 of 2018 issued vide No. A-

33/13/4/2014 (STS) -E.I. dated 09.08.2018, copy Annexure A-4, to the extent whereby instead of granting Senior Time Scale to the applicants with effect from due date, it has been granted to persons junior to them on completion of four years of service but it has been granted to the applicants w.e.f.

20.11.2017/19.03.2018 respectively.

e) Directions may be issued to the respondents to grant Senior Time Scale to the applicants with effect from the date it was granted to the persons junior to them i.e. w.e.f. 22.03.2015 or in the alternative on completion of four years of regular service from the date of joining as D