Central Administrative Tribunal Principal Bench, New Delhi OA No.1276/2022 Order reserved on : 11.03.2025 Order pronounced on: 07.04.2026 Hon’ble Mr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

1. ESIC Medical Officers Association (Regd.)

Through its General Secretary Dr. Md. Mozaffar-Uddin Regd. Office: D-l/1, First Floor Model Down-III, Delhi-ll0009

1. Dr. Vikas Kumar Chaudhary Aged about 42 years S/o Sh. Chander Dhan Chaudhary R/o Plot No.95, Pocket-II Sectort-24, Rohini Delhi-ll0085. ... Applicants (By Advocate : Shri S.D. Khushwaha)

Versus

1. Director General Employees State Insurance Corporation Panchdeep Bhawan CIG Road, New Delhi-l10002

2. Secretary Ministry of Labour and Employment Shram Shakti Bhawan Rafi Marg, New Delhi-11 0001.

... Respondents

and Shri G.D. Chawla)

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The present Original Application is being filed by the Applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-

“i) Direction may kindly be given to respondent No.1 ESIC to follow office memorandum dated 1.12.2021 issued from the office of ministry of health and family welfare for grant of conveyance allowance to ESI medical officers and implement above office memo dt. 0l.12.2021 and 9.4.2019 to the members of the ESI Medical officers.

ii) Direct the respondent No.1 ESIC to provide reimbursement of conveyance allowance as per office memorandum dated 19.7.2017 issued from the Govt of India Ministry of Finance department expenditure in the interest of public at large.

iii) Direct the respondent No.1 for reimbursement of amount of conveyance allowance from the retrospective date w.e.f. 1.7.2017 vide letter dated 19.7.2017 issued from the govt of India ministry of finance department of expenditure till the date of payment alongwith 18% interest to all the ESIC Medical Officers.

iv) Pass on all consequential benefit in favour of the members of ESI medical officers.

v) Pass any other orders or such order as this Hon'ble tribunal may deem fit and proper in the present facts and

circumstances of the case.”

2. The brief factual matrix of the case is that the applicants are the Medical Officers represented by the Association who were appointed under the Respondent Department and have since discharged duties diligently, maintaining an unblemished service record throughout. The Government of India from time to time issued OMs for grant of conveyance allowances including the one issued on 01.12.2021 for grant of conveyance allowance at the revised rates to CHS doctors. The applicants submitted a detailed representation placing on record all relevant facts and requesting reconsideration of the proposed action followed by several reminders regarding grant of conveyance allowance. However, the said representations were neither duly considered nor decided in accordance with law. Aggrieved, the applicants’ association preferred a legal notice dated 15.12.2021, however, no reply has been received on that till date.

3. The learned counsel for the applicants submitted that the other Government Departments such as Ministry of Railway, Govt. of India vide its letter dated 10.01.2022 granted conveyance allowance at the revised rate to the Railway Medical Officers. However, the same is denied to the applicants.

4. It is further submitted that the Members of the Medical Officers could not provide treatment and service up to their best in the absence of conveyance allowance as per OM issued on 01.12.2021. It is submitted that the officers of the respondent department are having transferable jobs throughout India and they are residing at remote areas far away from the ESI Hospital and it is not convenient for them to reach hospital at time or anytime due to emergency of accident of insured workman or exigency of work load time to time.

5. The applicants also referred to the decision of the Tribunal in OA No.688/2022 titled Dr. Md. Mozaffar-Uddin & Anr. Vs. ESIC & Or