GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:

1. We have heard Ms. Geeta Luthra, Senior Advocate assisted by Ms. S. Das, Advocate for the petitioners; Mr. K.K. Parasar, Central Government Counsel for respondent Nos.1 & 2 and Mr. S. Dutta, Senior Advocate assisted by Mr. S. Choudhury, Advocate for the respondent Nos.3 to 55/private respondents.

2. The petitioners/Employees State Insurance Corporation (hereinafter to be referred as the 'ESIC') is a Government of India undertaking, which has its Head Office at New Delhi and one of its Regional Offices at Guwahati.

3. The respondent Nos.3 to 55 herein were initially working in different capacities in a Hospital at Beltola, Guwahati, on regular basis under the Government of Assam, Department of Labour. The said Hospital was taken over by the petitioners/ESIC with all its assets and liabilities. Thus, the respondents as erstwhile employees of the hospital were absorbed on permanent basis in different category of posts like Pharmacists, Staff Nurses, Laboratory Technicians, UDCs, LDCs, Radiographers, OT Assistants, Dressers, Peon/Multi Tasking Staff, Nursing Orderlies in that taken over hospital known as 'ESIC Model Hospital, Beltola'.

4. At the time of absorption of the respondents in the ESIC, it was made clear to them that in the event of their not getting any promotion or any Assured Career Progression (ACP) benefits in the State Government, they would be given one ACP as on 01.01.2006, if they completed 12 years of service as on 01.01.2006 and further, the benefit of first and second ACP would be regulated and extended as per the norms of the ACP scheme adopted by the ESIC.

Later, as per the norms of Modified Assured Career Progression (MACP) Scheme, the benefit was further modified and the financial upgradation granted on completion of 10, 20 and 30 years in the absence of availing any promotional benefit during the aforesaid period.

It was categorically intimated that for the purpose of granting the benefit of MACP, the date of actual joining in the entry grade would be liable to be taken into consideration.

5. Some of the private respondents were granted first ACP and some of them were given second ACP on completion of 10 and 24 years of service. Most of them had not received any promotion before their absorption in the ESIC as on 01.01.2006 while serving under the Government of Assam. Later, while the private respondents were continuing in their services under the ESIC after their permanent absorption, a communication dated 19/25.10.2012 was exchanged between the authorities in the ESIC on the subject of grant of ACP benefit from the date of taking over the ESIC Model Hospital.

6. In fact, a difference in the pay-scale in the post of Pharmacist under the State Government and under the ESIC was noticed. A Pharmacist under the State Government was given the pay scale of Rs.3490-8,100/- whereas the same Pharmacist, after absorption in the ESIC, was given the pay-scale of Rs.4500-7,000/-.

7. In that view, a clarification was provided to Query Nos. 6 and 29 by the Office Memorandum dated 10.02.2000 issued by Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) [in short, DoPT], which made it clear that if any absorption was made with a higher scale, then such appointment was to be treated as direct recruitment and in that case, such employees' past services shall not be counted for grant of benefits under the ACP Scheme after absorption.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WuvMnzrC5AZ9q4x1u0BBhZUNssRIKwgRpZJ%2BAcNiVPm%2B&caseno=WP(C)/2905/2019&cCode=1&cino=GAHC010015962019&state_code=6&appFlag=)

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