Delhi High Court
Esic Medical Laboratory ... vs Director General Employees State ... on 21 December, 2021
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 21.12.2021
+ W.P.(C) 14781/2021 & CM Nos. 46508-10/2021
ESIC MEDICAL LABORATORY TECHNOLOGISTS
ASSOCIATION AND ANR ......Petitioners
Through: Mr Joby P. Varghese, Adv.
versus
THE DIRECTOR GENERAL EMPLOYEES STATE INSURANCE
CORPORATION ......Respondent
Through: Mr Shlok Chandra, Adv.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
CM No. 46508/2021
1. Allowed, subject to just exceptions.
W.P.(C) 14781/2021 and CM Nos.46509-10/2021
2. Issue notice.
2.1. Mr Shlok Chandra accepts notice on behalf of the respondent.
2.2. Mr Chandra says that he does not wish to file a counter-affidavit in
the writ petition, in view of the order that we propose to pass.
3. Thus, with the consent of counsel for the parties, the writ petition is
taken up for hearing and final disposal, at this stage itself.
4. This writ petition is directed against an interlocutory order dated
10.12.2021, passed by the Central Administrative Tribunal, Principal Bench,
W.P.(C) 14781/2021 1/ 3
New Delhi [in short " the Tribunal"] in O.A. No.2865/2021.
4.1. A perusal of the impugned order dated 10.12.2021 shows that notice
in the original application i.e., O.A. No. 2865/2021 has been issued. The
Tribunal has fixed the matter, on 05.01.2022, to consider the petitioners'
prayer for grant of interim relief.
5. Mr Joby P. Varghese, who appears on behalf of the petitioners, says
that, the respondent's reliance on the order of the Karnataka High Court
dated 30.07.2021, passed in W.P(C)3343/2020, is misplaced, as the direction
issued in that judgment was confined to one single vacancy, which had
arisen in the post of Lab Assistant.
5.1 According to Mr Varghese, the larger issue as to whether promotees
should be appointed to the subject post or the appointment should take place
via direct recruitment was raised in W.P.(C) 3018/2000 titled Common
Cause H.D Shourie vs Union of India & Ors.
5.2 Mr Varghese says that, while the aforementioned writ petition was
pending, the Central Government took a decision vis-à-vis hospitals under
its sway that, for the post of Lab Assistant, the mode of appointment would
be direct recruitment looking at the special skills that are required in the
concerned area.
5.3. Mr Varghese says that therefore, the respondent is required to amend
its Recruitment Rules, in line with the terms of engagement that has been
stipulated by the Central Government.
5.4 In this context, Mr Varghese has placed reliance on Section 17(2) of
the Employees State Insurance Act, 1948 [in short "the ESIC Act"].
5.5. To our minds, these are aspects, which the Tribunal would have to
examine and adjudicate upon, after hearing both sides.
W.P.(C) 14781/2021 2/ 3
6. Therefore, the writ petition is disposed of with the request to the
Tribunal that, the application for interim relief be taken up on the date
already fixed i.e., 05.01.2022. If for any reason, the matter cannot be heard
on the said date, it would be heard and disposed of on a date, which is
proximate to the date mentioned above.
7. In the meanwhile, in case, a Departmental Promotion Committee
(DPC) is convened for the purposes of promotion, that process will stand
over beyond the date fixed before the Tribunal i.e., 05.01.2022. It is made
clear, though, that this direction is issued without prejudice to the rights and
contentions of the respondent.
8. Needless to say, nothing stated hereinabove will impact the merits of
the case.
9. Consequently, pending applications shall also stand closed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
DECEMBER 21, 2021/nk
Click here to check corrigendum, if any
W.P.(C) 14781/2021 3/ 3
