Tuesday, January 10, 2023

Doctors/Medical Officers in Employees’ State Insurance Corporation are entitled to continue in service up to 65 years – Central Administrative Tribunal, Delhi

Central Administrative Tribunal, Delhi

17 November 2022

 

Doctors/Medical Officers in Employees’ State Insurance Corporation are entitled to continue in service up to 65 years – Central Administrative Tribunal, Delhi

 

Dr. R.B. Gupta was appointed as Insurance Medical Officer (Grade-II) by the Employees’ State Insurance Corporation (ESIC) on 26.05.1992.

 

On 31.08.2022, Dr. Gupta was retired by the ESIC on attaining 62 years of age. In terms of the Order dated 30.12.2016, passed by the ESIC, a medical officer is entitled to continue in service up to 65 years of age.

 

Being aggrieved, Dr. Gupta filed an Original Application [OA No. 3357/2022] before the Central Administrative Tribunal, Principal Bench, New Delhi.

 

Vide Order dated 17.11.2022, the Tribunal directed the ESIC as under: -

 

“6. Although there is no representation on behalf of the respondents, after careful consideration of the issue involved in the present OA and the relevant rules/notification/circular governing the issue at hand, we consider it appropriate to dispose of this OA, at this initial stage. Circular dated 30.12.2016, issued by the ESIC and signed by one Director (Med. Admn.) is crystal clear and conclusively states that the age of superannuation of medical officers stands enhanced from the existing 62 years to 65 years with immediate effect. Once the ESI Corporation, by its own order, has enhanced the age of retirement of the doctors to 65 years without any rider or condition or proviso whatsoever, there is no cause for them to now issue order of retirement of the applicant on attaining the age of 62 years as that is no longer the age of superannuation. Moreover, the amendment to the Fundamental Rules (FR) also gives option to the concerned Medical Officer to seek enhancement of age from 62 years to 65 years. The only power vested with the Competent Authority, under the FR’s, is to decide such an option on the basis of expertise and experience. In case of the Medical Officer, who is professionally qualified and has worked for a period of years, the experience and expertise can be determined only on the basis of testimonials.

 

7. Therefore, in our considered view, the respondents are required to re-visit their order and review it strictly in accordance with the rules and instructions governing the subject specifically their own order dated 30.12.2016 bearing No.A-40/11/13/1/2016-Med.VI., read with amendment to FR’s. The competent authority amongst the respondents after such a review shall pass appropriate order within a period of four weeks from the date of receipt of a copy of this order.

 

5. OA stands disposed of in the aforesaid terms.”

 

[Dr. R. B. Gupta Vs. Employees’ State Insurance Corporation & Ors., O.A. No. 3357/2022, Decided on – 17.11.2022, Central Administrative Tribunal, Delhi]

 

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Anuj Aggarwal

Advocate

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New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

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Mobile – 9891403206

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Email – anujaggarwal1984@gmail.com

 

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