CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH OA/021/0747/2021 & OA/021/0783/2024 HYDERABAD, this the 28th day of January, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member OA/747/2021:

1. K. Prakasam S/o Late Sri K. Bapa Rao Age 71 Aged 71 years, Occ. Rtd., Asst. Director, ESIC R/o. Villa No.8, Amulya Home, Near G.R.Reddy Nagar, Kapra, tydergbae1) 0814572496474

2. T. Muralidhar Rao S/o. Late T. Laxmipatirao Age 75 Aged 75 years, Occ: Retd. Insurance Inspector, ESIC R/o H. No. 5-104/1, Road No.10, Bhavani Nagar, Disukhnagar, Hyderabad-50006 .....Applicants.

(By Advocate: Mr. KRKV Prasad)

Vs.

1. Employees State Insurance Corporation, Rep. by its Director General, Panch Deep Bhavan, CIG Marg, New Delhi - 110002

2. The Regional Director, E.S.I. Corporation, Hill Fort Road, Hyderabad500063

3. Union of India Ministry of Labour & Employment, Government of India, Shram Shakti Bhavan, Rafi Marg, New Delhi-110001 ... Respondents (By Advocate: Mr. N Srinivasa Rao, SC for ESIC)

Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

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5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 OA/783/2024:

K. PRAKASAM, S/o Late K. BAPA RAO, Aged 74 years, Occ: Assistant Director (Retired), ESIC Corporation, Hyderabad, R/o Villa no. 8, Amulya Homes, Near G R Reddy Nagar, Saketh Road, Kapra, Hyderabad - 500103.

…Applicant (By Advocate: Mr. KRKV Prasad)

Vs.

1. Union of India, Rep. by its Director General, ESI Corporation, Head quarters Office, Panch deep Bhavan, CIG Marg, NEW Delhi - 110002.

2. The Assistant Director (E - III branch), ESI Corporation, Head quarters Office, Panch deep Bhavan, CIG Marg, NEW Delhi - 110002.

3. The Regional Director (Deputy Director - In-charge), Regional office, ESI Corporation, 5-9-23, Hill Fort Road, Hyderabad - 500004.

4. Union of India, represented by The Secretary, Ministry of Labour and Employment, Government of India, New Delhi.

... Respondents (By Advocate: Mr. N Srinivasa Rao, SC for ESIC)

Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

1 0 S 0 T 0 F 0 L 4 O , L O = R H y H d A e C ra A b a B d H , A S W =T A e N la H ng Y a D n E a R , S A T B R A E D E , P T= h N on O e =

5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 COMMON ORDER (ORAL)

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

Since there is a common issue involved in these O.A.s, these O.As are taken up

and heard together. However, O.A./747/2021 is taken as lead case and the pleadings mentioned therein are referred to here under.

2. By this Original Application, the applicants sought the following relief:

“This Hon'ble Tribunal may be pleased to declare that the orders of the 1st Respondent in A/20/11/56/1990-Estt.I ,dt. 1.7.2021 rejecting the applicants claim in representations dated: 22/10/2020 for grant of notional pay and increment for fixation of pensionery benefits is arbitrary, illegal and consequently direct the Respondent to fix the pay notionally of the Applicants in the cadre of the Insurance Inspector from 1986 onwards and release the consequential pensionery benefits, as permissible under law. And grant such other relief or reliefs as this Hon'ble Tribunal deems fit and proper.”

3. The brief facts of the case, as stated by the applicants, are the 1st Applicant joined the service of the Respondent Corporation on 28.01.1970 as LDC and 2nd Applicant joined in 13.03.1969 as LDC. They were promoted as Upper Division Clerks/Assistants. The applicants became eligible to appear for the Open Competitive test for the post of Insurance Inspector in terms of the ESIC (Recruitment) Regulations 1965 notified in No. 1-3/72- ESTT.I (C.II), dt: 22.04.1977. They appeared in the said compet