CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI.

Dated this Thursday the 18th day of December, 2025 Coram: Hon’ble Mr.Shri Krishna, Member (Administrative)

Hon’ble Mr.Umesh Gajankush, Member (Judicial).

Dr.(Mrs.) Megha Harshwardhan Tikle, Aged about 47 years, Specialist-Grade I, ESIC Model Hospital, Andheri, Mumbai. Presently residing at: 102, Trister ‘C’ Wing, Shrushti Complex, Opp. L&T Gate No.7, Saki Vihar Road, Powai, Mumbai – 400 072. .. Applicant.

( By Advocate Mr.Ulhas Shinde ).

Versus

1. The Union of India, through The Secretary, Ministry of Labour and Employment, Govt. of India, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.

2. The Director General, Employees’ State Insurance Corporation, Panchdeep Bhawan, C.I.G. Marg, New Delhi – 110 002.

3. The Medical Superintendent, ESI Model Hospital, MIDC, Andheri (E), Mumbai – 400 093.

4. The Commissioner, Office of the Commissioner (Government of Maharashtra)

ESI Scheme, Panchdeep Bhavan, 6^th Floor, N.M. Joshi Marg, Lower Parel, Mumbai – 400 013. ..Respondents.

( By Advocate Ms.Naveena Kumai ).

Order Reserved On : 08.09.2025 Order Pronounced On : 18.12.2025.

O R D E R Per: Umesh Gajankush, Member (J)

The present O.A. has been filed by the applicant seeking the following reliefs:

“a. The applicant therefore prays that this Honorable Tribunal be pleased to call for the records of the case from the Respondent and after examining the same quash and set aside the impugned order dated 7.6.2018 as far as it pertains to not considering her in Old Pension Scheme (Annexure A-1).

CCS (Pension) Rules, 1972 to the applicant notwithstanding the fact that she joined the appointment on

1.3.2004.

c. That the deducted amount from Applicant’s salary from September 2018 may please be direct the Respondent deposit in her PF Account.

d. the applicant’s past service given in the ESIS, State Govt. for the period from 1^st March 2004 to 6^th November 2009 before joining this corporation shall be counted as qualifying service for the purpose of pension in this Corporation.

e. That this Honorable Tribunal be pleased to pass such further order or orders as it may deem appropriate in the fact of the case.

f. That the costs of this Application be provided for.”

2. Brief facts of the case are that on 27.11.2012 the examination for the post of Anaesthesia has been conducted by the Maharashtra Public Service Commission (for short MPSC) and the name of the applicant has been recommended to the Public Health Department, Government of Maharashtra, Mumbai. Thereafter, she was appointed in the office of ESIS Gr,2 in the pay scale of Rs.8000-13500 vide appointment order dated 17.10.2003. Further, vide letter dated 22.10.2003 the applicant has been deputed in the office of Employees State Resident Anaesthesia Gr.A by the office of Commissioner, Government of Maharashtra, ESI Scheme, Mumbai on probation for a period of 2 years.

2.1. It is stated that at the relevant point of time she was pregnant, therefore, she requested to the Medical Superintendent, ESI Scheme, Andheri, Mumbai to extend the period of joining for 3 months and vide letter dated 07.11.2003 requested for sanction of her joining period, which has been sanctioned by the Public Health Department, Government of Maharashtra vide letter dated 16.01.2004 for extending the said period for further 3 months.

2.2. It is further stated that the applicant joined in the Office of Medical Superintendent, ESIS, Andheri, Mumbai on 01.03.2004. Her probation period was over on 16.06.2006 and her service has been regularized with effect from 17.06.2006.

2.3. On 25.04.2008, an Advertisement was issued in ‘Times of India’ for the post of Specialist Anaesthesia, ESIC, Model Medical Superintendent for issuance of no objection certificate vide letter dated 28.04.2008, which was issued vide letter dated

20.05.2008. Thereafter, a provisional select list was issued by the Joint Director (Rectt.), ESIC, New Delhi vide letter dated 31.08.2009 and applicant was given offer of appointment by the