PRANAY SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition raises a challenge to a judgment dated 30th September, 2010 passed by the Central Administrative Tribunal in O.A.NO.567/2009 and order dated 4th July, 2011 in R.A.No.95/2011 titled as M.K.Sharma & Ors. vs. Union of India & Ors. The original application was filed before the Tribunal by the promotees in the cadre of deputy directors with the Employees'State Insurance Corporation (ESI) seeking a direction to the Director General, ESI to draw a correct seniority list on the basis of the principles set out in DoP&T Office Memorandum dated 3rd March, 2008 with all consequential benefits. The application was disposed of by the impugned order with following directions:

(2.) During hearing before us today, Mr.Kirti Uppal, learned senior counsel who appears on behalf of the petitioners who are directly recruited Deputy Directors with the ESI, has submitted that the issue with regard to the validity and bindness of the office memorandum dated 3rd March, 2008 and its implications thereof has been settled by the Supreme Court of India which has ruled on the bindness thereof as well as on the Office Memorandums dated 7th February, 1986 and 3rd July, 1986. It has been held that the said memorandums would apply to the fixation of seniority of government employees.

(3.) In this regard our attention has been drawn to the pronouncement in Union of India (UOI) and Ors. Vs. N.R.Parmar and Ors., 2012 12 JT 99 Para 29 of this pronouncement is relevant and reads as follows: