· - ~ HEADQUARTERS EMPLOYEES' STATE INSURANCE CORPORAnON PANCHDEEPBHAVAN: C.I.G. ROAD: NEW DELHI-l10002. http:// esic.nic.in No. A-24/15/1/2003-E.I Col. U Dated 09.05.2008 MEMORANDUM Sub:- Final Gradation/ Seniority List of Deputy DirectorS~ reSulting after the dreulation of the draft list issued on 21.02.2008. A Seniority list of officers who were appointed In cadre of Deputy Director on substentative basis after 01.01.1993 were drawn, following clarification of DOP&T issued vide O.M. No. 43019/23/99-Estt.(D) dated 29.02.2000 and as per directives of CAT Principal Bench, New Delhi in case No. 2637/2004 and circulated on 21.02.2008, calling for objections, if any, from the enlisted officers. All the objections as received against this circular were carefully considered by the Director General and were disposed off by passing necessary Speaking Order dated 09.05.2008. Having disposed off all the objections in a suitable mannerf.. the list as circulated on 21.02.2008 and as enclosed herewith, is treated as final. \\ U (A.K.. SIb"'VASTAV) DIRECfOR-E.I For DIRECTOR GENERAL To 1. 2. 3. 4. 5. 6. 7. 8. The officers concerned. PPS/ PSI DGI FC/ IC/ MC/ AC(P&A)/ AC(NTA)/ AC(R) All Zonal Vigilance Officers. All the Regional Directors/Directors/Joint Directors lIe of the SROs. D(M)OI D(M) Nolda/ All Medical Supdts., ESICH/ ESIMH. Secretary General, ESIC Officers Federation., Official Language Branch, Hqrs. Office for Hindi version, Copy of personal fil~ file/ Spare copy. \ I \ \
Transcript
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HEADQUARTERSEMPLOYEES' STATE INSURANCE CORPORAnON
PANCHDEEPBHAVAN: C.I.G. ROAD: NEW DELHI-l10002.http:// esic.nic.in
No. A-24/15/1/2003-E.I Col. U Dated 09.05.2008
MEMORANDUM
Sub:- Final Gradation/ Seniority List of Deputy DirectorS~ reSulting after thedreulation of the draft list issued on 21.02.2008.
A Seniority list of officers who were appointed In cadre of Deputy Director on
substentative basis after 01.01.1993 were drawn, following clarification of DOP&T issued vide
O.M. No. 43019/23/99-Estt.(D) dated 29.02.2000 and as per directives of CAT Principal Bench,
New Delhi in case No. 2637/2004 and circulated on 21.02.2008, calling for objections, if any,
from the enlisted officers.
All the objections as received against this circular were carefully considered by the
Director General and were disposed off by passing necessary Speaking Order dated 09.05.2008.
Having disposed off all the objections in a suitable mannerf.. the list as circulated on
21.02.2008 and as enclosed herewith, is treated as final.
\\U(A.K.. SIb"'VASTAV)
DIRECfOR-E.IFor DIRECTOR GENERAL
To
1.2.3.4.5.6.7.8.
The officers concerned.PPS/ PSI DGI FC/ IC/ MC/ AC(P&A)/ AC(NTA)/ AC(R)All Zonal Vigilance Officers.All the Regional Directors/Directors/Joint Directors lIe of the SROs.D(M)OI D(M) Nolda/ All Medical Supdts., ESICH/ ESIMH.Secretary General, ESIC Officers Federation.,Official Language Branch, Hqrs. Office for Hindi version,Copy of personal fil~ file/ Spare copy.
PANCH DEEP BHAVAN: C.I.G. ROAD:NEW OELHI';<110002.http://esic.nicJn
NO. A-24/15/1/2003-E.I-CoI.II
ORDER
Dated: 9.5.2008
The seniority list in the cadre of Deputy Director which was drawn on 21.7.95 and finalized on31.7.1997 was redrafted on 1~.10.2006 as per directives of Hon'ble CAT, Principal 8ench, New Deihl anddrculated to the affected officers, calling for their objections, if any. These objecttons Were examined inthe light of directives of Hon'bh~f:',rindpalBench,CAT, New Delhi, giving force to DOP&'Tclanflcatton videthelr OM N0.43019/23/99-Estt.(D) dated, i9-~2.200crand disposed off by the, Director General by passingSpeakIng Order vide OM of even~NQ.dated 24;1.2008. As a"result of which the draft list circulated on16.10:2006 was finalized to acmrdance with the clarification of DOP&T and,'the jUdgement of HonblePrIncipal Bench, CAT, New Delhi. ' , ,,-'" '- -
Following, the earlier Speaking Order of the Director General dated 12.7.2002 and consequentdirections of t:f e Hon'bJe Prlndpal Bench, CAT, New Delhi, it was imperative to recast the seniority list inthe cadre of Deputy Director, applying the same darlficatlon as directed by the Hon'ble Court, to theremaiili-ii~fSectjon of-Deputy Directors. The exerdse involved re-fixation of seniority of DDs earlier fIXed on16.2.99 as well as fixation bfseniority for the subsequent batc;:hes. AccordinglY, a draft seniority list wasprepared ,in respect of all the' remaining Deputy ,Dlreqors, and circulated to them, calling for theircomments/ objections, if a~Y.' " ,
In response to the above circulation, 11 officers namely, S/Sh. O.P. Arora, S.K. Shah, K.P.Appachan, B.N. samant, R. Mohan Kumar, V.Ka$inathan, A.K., Shanna, ArvInd Kumar, V. Loorthu, A.N.Prasadand A.K. Kant filed their objections. These objections Were carefully examined by me. I also cameacross a fresh clarification issued by DOP&T vide theirO~M.' No.20011/1/2006-Estt.(D) dated 3.3.2008.However, as I observe, the O.M. in its last para is explidtly clear that this has to be given effectprospectively. Going deep into the merits of the objections, I, Prabhat C. Olaturvedi, Director General,ESICdispose off these objections by my considered decision as follows:-
Name ofotl'lcersS/Shri
Details of objections raised Considered decision
O.P. Arora andS.K. Shah, B.N.Samant
K.P. Appachan
There is no rules/orders/instructions either ofESIC or of Central (;ovt./DOP&T permittingre-opening of already finalized Seniority USt after a gapof nine years. Finalised Seniority USt can only bereopened at the direction of a Court of law. None ofthe enlisted officers have objected to the finalizationof the Seniority List on 24.9.99. And nobocly fromthem had challenged it in any court.
Earlier, in the year 1986, the promotees whowere regularized before the joining of the directrecruit, were bunched together and, placed above thedirect recruit it is not known why the Corporationmade a deviation from the procedure in thE! instantcase. If at all the same is done on the basis of anyjudgement, the' same shquld have been confined tothe parties involved in the case and not others whowere not parties in the Case and 'given 'chance to beheard.
The Seniority list of 1999 has neither beenset aside / quashed.
The senJority list has beenopened at the direction ofCAT Prindpal, Bench, Delhi inOA No.549/99 in response towhich DG viele speaking orderdated 12.7.2002, had heldthe view not to reopen theseniority list already finalisedand not to give retrospectiveeffect to the DOP&'Tdarification dated 29.2.2000.But Hon'ble CAT, PrlndpalBench in OA No.2637/2004vide its judgement dated14.7.2005 ordered to recastthe seniority list and giveforce to Govt. dariflcatlon.The objection has no forcean£i is rejected.
'The Seniority Ustwas' finanled 'dti~g thedi~ of Hon'ble CAT, Prindpal Bench In O.A.No.2637/04 dated 14.7.2005. NeltheF,1nor any otherofficer of the re-opened Seniority Ustwas a party tothis case nor the Seniority Ust of 16.2.99(Provisional)1 24.9.99 (Rnal) was under challenge inany case then the judgement order of the CAT Is notbinding. Corporation should not change the senioritylist suo motu to the detriment of promotees.
Judgement in the above case was only inrespect of seniority list of 21.7.95 which was underChallenge. This judgement was not meant forsubsequent batches.
I have not been given any notice of the casenor given any chance to be heard. Without makingme a party In the case depriving of my seniority isagainst natural justice.
I do not know the directives {contents of theCAT case. I was not party. The finalIZed list of 1999has never been the subject matter of any litigationand has not been set aside/quashed.
I have never raised any objection against thelist of 1999 nor been party to the case.
After a gap of more than 9 years the senioritylist finalized on 16.2.99 was revised with my senioritydepressed by 47 DRswho were all appointed in 1996-97 onwards subsequent to my appointment In 1994-95. Even officer at 51. No.1 was appointed in 1995-96.~y name figures at SI. No.65. All DRs shown in the,list from 51. No.2 to 34 and 51.No.36, 38,40, 42,44,46,48, SO,52, 54,56, 58 (Total- 45) were junior tome in the finalized seniority list as on 1.1.97, has nowbecome senior.
My name is figured at SI.No.121 of thisseniority liSt. I was promoted as Deputy Director(adhoc) on 1.~.1998 and got regularization on1.2;2001. It is' observed from the seniority list thatthe officers at the SI.Nos. 95, 97, 99, 101, 103, 105,107, 109, 111, 113, 114 and 117 have joined mostlyduring 2003' except Sri Sanjay Mukkerjee (AtSI.No.US) and Sri K.G. 5uresh (51.No.l11) whojoined in 2002 and 2004 respectively. I should be
" given' seniority above them as I have joined On1.2.2001.
The direct recruit who were appointed in1996, 1997 and 1998 and were placed below myposition in the SeniOrity list finalized in 1999 havebeen bunched together and placed above my positlonnow.
My seniority has been depressed to 51. No.67,but I am not informed of the reasons for it. I had notr:aised' any objection against the Seniority Ustfinalized in 1999. Depressing my seniority 'belowdirect recruits who had joined the Corporation muchafta' I was regularized.
I was regularized as Dy. Director w.e.f.06.13.97. A romber of direct recruits joined in 1998,& 1999 but they have been assigned seniority aboveme. this is not cnnsistent with law.
2
Th~ directive in the said casewas ,given to ESIC toImplement- the darificationgiven'·.. by, DOP&'T.
. -: ..Implementation of a'darlficatlon cannot berestricted to a limited sectionof Dy. Directors' since it hasto flow down below upto thewhole category. Moreover,ESIC is bound by DOP&Tguidelines' lr the matter andofficers of ESIC are governedby it in natural course,without any other altematiye.The objection has no forceand is rejected.
The seniority list has beenrecasted as per DOP&'Tdarification dated 29.2.2000.The objection has no forceand is rejected. '
K.P. Appachan
A.K. Kant
CorpOration has already submitted a The clarification datedcompliance report before the Hon'ble CAT, Principle' 03.03.2008 of DOP&T clear1yBench,' in O.A. No.' 2637/2004 to the effect the stipulates that it appliesseniority-list of Deputy Directors of 21.07.95 as .prospectively. The objectionfinalized on 31..07.97 has been provisionally revised has no force and is rejected.subject to clarification of DOP&Tand now DOpaT hasclarified the position vide their O.M... No.20011/2/2006-Estt. (0) dated 03.03.DB. Inter-seseniority between prornotees and DRs may be fixedacmrdfngly .
In therevtsed list direct recrUits are bunched together The seniority list has beenand put abOve the promotees who were promoted on recasted' as per OOP&Tregular basis before, the jOirling:of direct recruits darification dated 29.2.2000.which is not in accordance with the· DOF'T O.M. The objection has no forceNo.2211/7186/Estt.(D) dated 3.7.1986 and various and Is rejected.other dedslons of the judicial forums Induding theSupreme Court which held that if direct recruits arenot available the promotees will be bundled togetherat the bottom of. the' seniority list below the lastposition up to which It is possible to determineseniority, on the basis of. rotation of .quotas withreference to the actual nember of direct recruits whobecome available and the unfilled direct quotavacandes would, however, be carried forward andadded to the corresponding direct recruit vacandes ofthe next year. The officer at 51. No.1 to 34, 36 and38 have been appointed after my regularization in thecadre of ORO/DO on 7.3.2005, pladng them aboveme the seniority list is not in order.
J should be given seniority over the DirectRecruits who ~ned after me.
B.N. Slmant., V.Loorthu; A.K.Kant, A.K.Sharma
k.P. Appachan
Arvind Kumar
1lle OOP&T instructions issued vide OM This darlfication Is to beNO.2011/1/2006 -Estt.(D) dated 3.3.2008 dearly applied prospectively. Thestipulates that tne seniority should be given from the objection has no force and Isdate of actuaf joining and not from the date of start rejected.of recruitment process.
The draft is not in accordance with theDOp&rs original instruction dated 3.7.1986 read Withclarification dated 3.3.2008.
My seniority may be fIXed as per DOP&TO.M.dated 3.3.2008 which supersedes all previousinterpretations.
·OOP&T vide O.M. No. 200 11/2006-Estt. (D) Clarification dated 3.3.0B ofdated 03.03.2008 has made it dear that while inter se DOP&T is to be givenseniority of direct recruits or promotes is to be fixed prospective effect as hason the basis of rotation. of quota of vacandes, the been . Ingrained in theyear of availability, both in the case of direct recruits clarification itself. Theas well as promotees, for t:I1e purpose of rotation and objection has no force and Isfixation of seniOrity shaJI .be the actual year of rejected.appointment after dedaratlon of result/selection andcompletion of pre-appointment formalities asprescribed. DOP&T has further darifled that whenappointment aga'inst unfilled vacandes are made insubsequent year/years either by direct recruitment orby promotion, the persons so appointed shall not getseniority of any earlier year (vtz. year ofvacancy/panel or year in which recruitment process isinitiated) but should get the senlortty of the year inwhich they are appointed on substantive basis. Inview of above darlfication of DOP&T it is requested
3
S.I(. Shah
R. MohanKumar
aaiifjca~ dated 3.3.08 of IDOP&T is to be givenprospective effect as hasbeen ingrained in the.clarification itself. Theobjection· has no force and isrejected, .
, to "finallze the seniority list of Qy .. DirectOrs as pertheir date of regular appointment Iii the cadre.
, . I was appointed on regular bastsw.e.f. 7.3.95and 'U\e,. darifi(:ation ofDOP&'T dated' 3.3.2008sqiJarelyapplies to my case. ' '
That the seniority list finalized on 16.2.99 hasbeen re-opened and is pending flnatlzation, I requestthat s.uch a finalization may be done .in the light ofdartftcation Issued by OOP&'T vide its OM No;'20011/1/2006-Estt.(D} dated 3.3.2008 removing theambiguity in interpreting the terms "available"mentioned in the DOP&T, O.M. dated 3.7.1986, Irequest that such a redrawal may kindly be done withreference to position of availability of officers in boththe streams with reference to their actual year 'of,appointment. Direct recruits as we" as promotees upto 51. No.65 have been appointed in the year 1995-96onwards against the unfiiled vacandes of earlieryears. These officers should get the seniority onlywith ,reference to the year in which they wereappointed on substantive basis in the light of DOP&'Tdarification dated 3.3.2008. I may be shown seniorto Direct Recruits figuring above me in the presentseniority list drcotateo vide memo. Dated 21.2.2008.I am lawfully entitled to get this seniority as I wasappointed on promotion in the year 1994-95 andnone of the Direct Recruit Offices were appointed inthat year. The earliest of the Direct Recruit Officerswere' appointed in that year 1995~96 as Dy. Directorsuosequent.to my appointment
O.P.Arora The darification given by DOP&T O.M. dated29.2,.2000 was sent to E5IC only and neitherorcutated to any other department/Ministry of Govt.nor published anywhere .. It is not a darification butmodification of DOP&'T's general instructions on, senlortty contained in their ~M ~ated 7.2.86.
The clarification was issuedby Director (E) of DOP&'Tto E5[C and Ministry ofLabour and Employment In acourt matter related toseniority disputes in the cadreof Dy. Director. The objectionhas no force and is rejected.
O.P. Arora There was constraints in implementing theorder of the CAT and time was sought from CAT forthe purpose of seeking further darifications fromOOP&T. On seeing the DOP&Twas taking more timeIn giving furttler darfficatton, Administration hadcomptied With, the directions of the CAT byprovisionallY recasting the seniority list of21:7.95/31.7,.97 and a miscellaneous application tofile effect was ftJedbefore the 'CAT and theretothere was no r:n.entiol) of re-C'astingof seniority list of16.2.99/ 24.9.99 at aU. In that case finalizedseniority list of 24.9.99 should not have beenreopened on the basis of said order of CAT.
The DOpaT after givingdarification on 29.2.2000reiterated the same vide theirnote dated 5.7.2002. It wasin the interest of theCorporation and its officers tohave final seniority list as perorder of the court anddarification of oOP&T. It wasvery dearly mentioned in thespeaking order dated12.7.2002 passed by D.G. in
.tne same matter and placedbefore the court, that thedarificatJon will be givenprospective effect. Theobjection has no force and isrejected.
Rota quota has not brokendown as there has been noexcess . recruitment /appointment under any quota
As per DOP&'T OM No.22011/3/91-Estt.(D)dated 13,5.1991, OPCshould be convened annua Iybut this was rot done so In my case although I was.eligible for promotion In the year 1996 arid vacancies
4
-
Arvind Kum~r,.., V. Loorthu
O.P. Arora
earlier list was drawna>nsisting of only thoseofficers who were in-positionas on 01.01.97 but thepresent list is a complete andupto date seniority list zoneas per DOP&T darificationdated 29.02.2000. Theobjection has no force and Isrejectsd.
were also available. No DPCwas convened in 1996and It was convened for the years 94-95, 95-96 and96-97 only on 6.10.97. This means rota quotasystem has broken down. Not convening DPe forthree years and interpolation of direct recruits andpromotes as per DOP&'TOM dated 7.2.86 does notseem to be In order. In case of M. Subbareddy andanother Vs AP State Road Transport COrporation (CANO.490T and 4908 of 1999) dedded on 12.4.2004says that where rota quota rule fails the general ruleof seniority i.e, the date of regular appointment is thecrucial date for fixing inter se seniority of DR andpromotes. Supreme Court order in case ofAFHQ/ISOS SOs(OP) Assodation a Ors. V.s UOI &.Ors. (2008) (C.A. No.1384 of 1908) says that theseniority is to be reckoned not from the date whenvacancy arose but from the date on which theappointment is made to the post.
The Corporation did not abide by the rule ofDOP&'TIn convening OPC. It may now not follow therule of seniority.
and none of the i'ecruitmentprocess elther by direct:recruitment .or .by promotionfailed. The delay in processof appointment! recruitmentcannot be treated as failureof rota quota syste~. For thereason of quota'. rule as wellas rota quota rule having notfailed, the two dtati~s donot apply in case aESIC.The objection has no forceand is rejected.
B.N. Samant
K.P. Appachan
B.N. Samantand O.P. Arora
In the case of Shrl P.C.P. Mahapatra batchthe seniority has been given on the basis of date ofinitiation of recruitment process. Other batch ofdirect recruits and promotees in the same senioritylist like A.R. Wankhade, Mrs. S. Thomas batch etc.have not been given the seniority on the basis of thedate of initiation of the recruitment process.
In 1986 promotees regularlised earlier wasgiven enblock seniority over DRswho joined later. Inthe instant case why a departure.
Iwas given seniority from the date of joiningas a Direct Recruit A.R.D. and not from the date ofInitiation of the recruitment process. Thus, thediscrimination and no uniform j)OJky.
All seniorities have been fixedas per OOP&T instructions/darificatlons/orders of Court .There has been nodiscrimination inImplementation. Theobjection has no force.and isrejected.
O.P. Arora MY'seniority in the cadre ofI.I. was finalizedon some different prIndples than those adopted Inthe instant memorandum. Uniform policy may' beadopted for drawing seniority list.
Difference lies in theprindples fotlowed in draftingseniority list in differentcadre. Promotion to the postof I.I. is given from thefeeder cadre of Assistants, inwhich case region-wiseseniority list is casted bydifferent regiol1s and It Ismerged at . Hqrs. Office.Merger is altogether adifferent phenomenon. Theobjection has no force and is~ed.
O.P. Arora
5.K. $hah
Revision of seniority list means onlvreshuffling of the officers covered In that list preparedas on a particular date and not bringing in strangersirlto that list .. In the instant reviSed list, Sh. RajeshKumar Kaim and Sh. S.P. Sinha are strangers becausethe name of these officers did not figure in the earnerfinalized· seniority list of 24.09.99. The revision Is notin order.
. 51. No:60 and 62 In this liSt have been shownabove me. b.ut their name did. not figure in previouslyfinalized seniority list.
I have not been given my seniority as permerit list of UPSC which is in contravention ofdirectives of DOPIlT instruction '9/23/71/Estt.(D)dated 6.6.78 arid DOP&T instruction 35015/2/93-Estt(O) dated 7;6.95.
.His seniority, was placed atthe bottom of the batch asper DOP&T instrUctions.Since t:1e was the sole personof. the batch who could notjoinw;t:t)in stipulated timelimit The objection has noforce and is rejected.
I had applied for the post DD(F) againstAdvertisement of 5/2001 and ti"reinterview was held'on 8.3.2002, offer of appointment on 11.4.2002,
,. joined on 10·.3.2003(Kasinathan) 05.07.2002(Sharma).The DD' batch who were appointed in2003/2004 should be placed after me. DO at SI.No.Hl was appointed on 14.6:2004 i.e. alter oneand a half year/ tWoyears after my appointment, isplaced two places above me which against theprinciple of natural justices. The entire selectionprocess of DDs (Fin.) batch was completed first. Butour seniority was fixed after the DD(Genl.) batch of2003-2004 which needsre-examination.
It is dearly mentioned in the chapter ofManual Of Establishment Ii Administration thatseniority to be determined by the order of merit asindicated at the time of initial appointment and sameis also mentioned in the Swamy's Hand book 2008that relative seniority of all direct recruitees will beaCCOrdingto the order of merit in the select list drawnby UPSC/SSCother recruiting authorities. Personsappointed from an earlier select list rank senior enblock to those appointed from subsequentlist.
The ~iorlty has been fixedas per, DOP&'T instructionsCOl1tained, in cOnsolidatedorderson seniority vide theirOM No.22011/7/86-Estt.(D)dated 3.7.1986. In his casethe last- line quoted in hisrepnes.entaOon has beenapplied. The objection hasno force and is rejected.
All these dtations have hadtheir own peculiarities. TheDOP&'T is the nodal bodywhich interprets various courtcases and formulates polidesfor Govt. of IndiaDepartment. This is theDOP&'T which has given ESICthe darification which hasbeen implemented. Theobjection has no force and isrejected.
Hon'ble SupremeCourt of India, in case of S.Jamal Deen Vs. High Court of Madras in theirjudgment dated 20.03.97 has even refused to giveseniority to the direct recruit who joined on03.11.1988 over and above the promotee who. wasregularly appointed on 08.10.1988 on the ground thatfor seniority it is the date of appointment on regularbasis which relevant for the purpose. Hon'ble ApexCourt in their judgment dated 04.07.2006 in the caseof MadalaiMuthu Vs.State of T.N. wherein It has heldthat (a) the starting point of seniority of promotes isfrom the date of regularization of their services and(b) the direg recruit takes his seniority from the dateon whid, he starts discharging the duty of the postborne' of the cadre. Supreme Court of India hasfurttter in matter of(I) State of UttranchalVs. Dinesh Kumar Shanna
SLP(C) No. 12966/05 decided on 04.12.06.Suraj PrakashGupta and others Vs. State of J8. K. CA No. 3034 of 2000 decided on.28.04.2000.
(iil) . Jagdlsh 01. Patnaiak and Ors. Vs. State ofOrissaand 01'5. CANo. 1955 of 1998decidedon 07.04.1998.I.K. Sukhija & Ors. Vs UOI and Ors. Decidedon 08.07.1997.Direct Recruits Oass' II EngineeringAssociation Vs. State of Maharashtra liOrs.AIR 1990SC160.
(Iv)
(v)
6
------------------------
•.....-------------_.--
B.N. Samant
{vi} A. Janardha Vs. UOI AIR 1983 SC 769.(vii) ROOraKumar Sain and Ors. Vs UOI & ors,
decided on 22.08.2000, have held that thedate of appointment on regular basis is thecrucial date for determination of seniority.
The draft seniority list is against the followingcourt orders.(i) Direct Recruits Class II Engineering Officers
Assodation and others Vs. State ofMaharashtra and others 1990 (2) SCR 900= (1990) 2 see 715 = AIR 1990 SC 1607.
(ii) Jagdish Chander Patnaik and others Vs. Stateof Orissa and others (1998) 4 see 456 = AIR1996 SC 1999.
(iil) Ajit Kumar Rath Vs. State of Orissa andothers 2000 (2) SLJ 108 (SC)
(iv) S. Jamaludeen and others Vs. High Court ofMadras and others (1997) 4 sec 30.
(v) A Janardhana Vs. Union of India and others1983 (1) SLJ 564 (SC)
(vi) Suraj PrakashGupta Vs. State of J & K (2000)7 see 561 = 2000 sec (L&S) .
(vii) A.N. Pathak Vs. Secy. to the Govt. 1987 SuppSCC763 = 1988 SCC(l & S) 370 = (1988) 6ATC626.
(viii) N.K. Chauhan Vs. State of Gujarat (1977) 1see 308 = 1977 see (L & S) 127.
(ix) R.C. Yadav Vs. the Union of India and others,9/2004. .
(x) Swamysnews 95, (Ahmedabad), date ofjudgement 12.1.2004.
(xl) S.P. Dubai Vs. Union of India and others 2001(2) SU 309 (CAT Mumbai).
That the Hon'ble Supreme Court has recentlyreiterated (page 7 of Swamysnews of October, 2006)that a "direct recruit takes seniority from the date onwhich he starts discharging the duty of the postborne on the cadre while a temporary appointee dehors the rules or an adhoc basis or to a fortuitousvacancy gets seniority from the date of regularappointment"
All these citations have hadtheir own pea.lIiarities. TheDOP&T Is the nodal bodywhich interprets various courtcases and formulates polidesfor Govt. of IndiaDepartment. This is theDOP&T whfch has given ESICthe darificatlon which hasbeen implemented. Theobjection has no force and isrejected.
LJk--( PRABHAT C. CHATURVEDI)DIRECTl)R GENERAL
7.,
EMPLOYEES' STATE INSURANCE COBfORATION'
Final seniority liSt of officers in the cadre of Deputy DinGle'S
SI.No. of Name of Officer Whether Date of EduCational Date of Date of Whether Presentseniority S/Sh./Ms SC/STj Birth Qualification entry In ..' Appolnbnent Appointed I postlngl
10. S.V. Krishna Kumar 31.05.61 M.A. 28.09.92 28.09.92 Appointed Joint Director(Adhoc)
ESIH, K.K. Nagar,Chennai
11. Rafiq Ahmed I REPATRIATED I II 1/ // REPATRIATEDI I! ! i t
,.'\
F lnJlI seniority .list of officers in the cadre 0 eourv Directors
SI.No. of . Name of Offtcer Whether Data of Educational Dale of Date of Whether Presentseniority S/Sh./Ms SC/STI Birth Qualiflcation entry In Appolnbnent AppolntedJ postIngJ
list PH ESIC ·1 Promotion Pro!':1oted Remarks
12. Raj Kanwal I 02.11.56 B.Com(Pass}, PGD 07.03.77 28.05.96 Appointed Joint Director(HRM) (Adhoc)
ESIMH, BapuNagar,
Ahmedabad13. Joseph C. V. 10.03.63 M.SC., M.Ed. 02.09.96 02.09.96 Appointed Joint Director
(Adhoc)Baroda SRO
14. Keshavadas R. 17.01.56 B.Com. 23.12.96 23.12.96 Appointed Joint Director(Adhoc)
, Delhi NTA15. Gunasekaran R. 30.05.63 B.Se., B.Tech. 29.08.96 29.08.96 Appointed Joint Director
I (Adhoc)ESICH Noida
16. Harbir Singh 01.09.58 M.A., Dip-EI. 08.07.96 08.07.96 Appointed Joint Director .Engg.,PGOM- 8M "'{AahOc)
Marol,SRO '17. A. P. Tripathi I 30.09.59 B.SC.,M.A., 01.08.96 01.08.96 Appointed Joint Director
- Final seniority list of 0 eel'Sin the c dre of Deputy Direetors
SI.No. of Name of Officer Whether Date of Educational Date of -Date of Whether ,Presentseniority S/Sh./Ms SC/Sfl Birth .' Quallficati n entry in Ap intment Appoi tedl postlngl
list PH ESIC 1Promotion Promoted Remarks
22. Bharat Bhushan Arora 01.04.60 M.A. (Eco) 23.09.92 30.05.96 Appointed Joint Director(Adhoc)
West Bengal R.O.23. Blnod Kumar Srivastava 07.01.55 B.Se., Dip. in Mgt., 16.10.96 16.10.96 Appointed Joint Director. Dip. in Logistic. (Adhoc)
Mgt. Gujarat R.O.24. Naval Kishore TIwari 23.05.56 B.A., B.Sc. 1st 27.11.96 27.11.96 Appointed Regional Director
Year, M.A. Gr.B (Adhoc)!(History), B. Journ. Chattisgarh, R.O.
25. Surajit Oas 27.12.56 M.A. 11.09.96 11.09.96 Appointed Joint Director, (Adhoc)
West Bengal R.O.26. Ani! Chandra Bhat R 02.02.59 B.Com. 09.09.96 09.09.96 Appointed Joint Director
Coirnbatore, SRO42. Priyaranjan Dash 22.01.58 B.Sc., 01.06.98 01.06.98 Appointed Deputy Director
(Hons,)/B.Text Orissa, R.O.43. M. Sankaranarayan 15.08.50 M.A. 21.01.80 07.03.95 Promoted Joint Director
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(Ad hoc)Karnataka R.O.
44. Mohammad IrfanI OBe 08.07.61 M.Com., L.LB., 23.07.98 23.07.98 Appointed Deputy Director,
PGD-Pers. Mgt., Delhi, R.O.1 Journ, Pub.
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I Relatioo;,COmp.Appl.
I45. M. Rajagopalachari I Promoted Retired
III ..
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-s-EMPLOYEES' STATE INSURANCE CORPORATION
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Final seniority list of offic rs in the cadre of Deputy Directors,
SI.No. of Name of Officer Whether Date of Educational Date of Date of Whether Presentseniority S/Sh./Ms SC/STI Birth Qualification entry']" Appointment Appointed I postlngl
list PH ESIC J Promotion Promoted Remarks
46. A. Srinivasan SC 26.12.52 B.Com. 29.06.98 ' 29.06.98 Appointed Deputy Director(ESIMH,
--+--------+-_._---_ ..'--- ---.---s. Com:-LLS:'--'T-io:01 ,Be. 06.10.97 PrcrnC"'d i Assist-lr~t Director ,._.J_ ....,... . _.___ _.._ .__ .__ ! S_ROI. ,~;q~>_Vd_J~J
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EMPLOYEES' STATE I URANCE C RPORA TfON
Final seniori list of office in the cadre of De u Directors.'. ,.
-- --51.No. of Name of Officer Whether Date of Educational Date of Date of Whetfler Presentseniority S/5h./Ms SC/STI Birth Quallfl~tion ,entry in Appointment Appointed/ posting!
90. O.P. Arora 28.01.52 B.Sc., L.L.B, Dip. in 16.01.82 06.10.97 Promoted Deputy DirectorINT. law (HgrsJ_
91. U.S. Malhotra 21.10.51 M.A. 08.03.76 06.10.97 Promoted Deputy Director. j---_ ..".,,-------- .--. -----i'OC05.r:
. (Delhi, R.O.L._, 92. ,P.N.SIM~ , i 06 ;~::;~·1 M 6, . F ! 0('.10.97 Prornoted Retiredi I ... , ..J.". .I , .. _. ...L.._._ " _ .l_._ ._
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c> '6/EMPLOYEES' STATE INSURANCE CORPORATION
Final seniority list of officers in the cadre of Deputy DireCtors
51.No. of ' Name of Officer ' Whether Date of Educational Data of Date of Whether PreMnt, seniority S/Sh./Ms , - SC/STI Birth Qualification entry In Appointment Appointed/ postingl
list PH ESIC i Promotion ' Promoted RemarksI
93. P.N. Sarangl 12.08.41 M.A. 28.12.59 06.10.97 Promoted Retired
94. Sathyanarayan Manikara 22.07.60 M.A., L.L.M, MBA 17.08.92 01.02.01 Promoted Deputy DirectorKarnataka, R.O. I
95. Ratnesh Kumar Gautam 27.09.70 B.A., PGD in 28.01.03 28.01.03 Appointed Deputy DirectorIndustrial relations (Hqrs.)
i & Personnel Mgt.96. M.P; Rai 01.04.54 B.Se. L.L.B., SAS 20.08.92 01.02.01 Promoted Deputy Director
Varanasi. SRO97. Nar Singh J OBC 25.06.59 B.A., M.A. (Pre.), 21.01.03 21.01.03 Appointed Deputy DirectorI . MBA, Dip. in Sys. Marol,SRO
I Mgt.98. S.K, Mahapatra 30.11.54
IB.A.,L.l.B 26.08.92 01.02.01 Promoted Deputy Director
ESIH, Rourkela,Orissa
99. Renuka Prasad T. SC 08.02.69 M.Tech (FS&T) 03.04.03 03.04.03 Appointed Deputy Director,Hubli SRO
107. Ani! Kumar Sahu . OBe 13.01.71 MA, MBA 11.08.97 06.03.03 Appointed Deputy Director- -- - ...- ...-.. ..---- .. I - ..... _ ......_--_ ..... _-_ ... .,___ ~_:~:L R.O..:___J-----.-~..-..---..... --." .......... .' _._h.,· .-.-- - ...-~-.-.- ... ,
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S1.No.of Name of Officer ..•. Date of Educational Date of Date of Whether Present•.•••.•••.••er. seniority S/Sh./ 5 SC/Sfl Birth Qualification entry In Appolnbnent Appolntedl posting/
ruu.a.L A.I'V.I. r..L~·~ lATE iNSURANCE CORPORATION
i .Final seniority list ,of officenin the cadre'of Deputy Directors
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SI.No. of Name of OffIcer Whether 1,~D.of Educational Dat:eof Date of Whether Pr.entseniority S/Sh./Ms ,sc/sti Birth qualification entlyln Appointment: Appointed/ postIngl
Final seniori!! lilt of ofticen m ihe cadre 01:Del!utt D~ector8 77/CSI.No.of _ Name of Officer Whether Date of EcI~tIonal o.teof Dallt of Wbetber Presentseniority S/Sh./Ms sc/SrI Birth Quallftcation entry in ~ntment Appolntedl posting/
155. B.R. Joshi 01.03.45 M.A. 01.02.68 29.03,07 Promoted Retired
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Fin,. seniority list of office" in the cadre of Deputy Directors
SI.No. of Name of Officer· Whether Date of Educational Date of Date of Whether Presentseniority S/Sh./Ms 'SC/SfI Birth Qualification entry in Appointment Appointed I posting!
172_ lR<:{j ~~:.;i-:-::~ I\g;:''; -31 OUH51 "'1.Sc. 20_:~n_80 , 29,n~07 ! Promoted , Depvty Djr~cDr ,I i i
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,Find seniority list ofOm"" in the cadre of Deputy Diretton~.,'
.•.- ,51.No. of Name~:Offk;er; 'Whether Dateot· EdUcational Date of Date of Whether PresentsenIOrIty S/Sh~/Ma SC/Sfl Birth Qualifl~tJon .' . entry In. Appointment· . Appoiniad/ posting/
FiD.l '8~gloiitylist of office" in the cadre of Deputy Directors~ ,', '. , ,
$I.No. of Name of Offi~ ['Whether' oateof ' " Educational" Date of Date of Whether Presentseniority S/Sh./Ms ;. SC/SF/,', Birth Qualification entry In Appointment Appointed/ postlngl
