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Judgment
The instant O.A. is filed by the applicant seeking the following relief:
“In view of the facts and circumstances stated above, the Applicant most humbly prays that this Hon'ble Tribunal may be pleased to allow the Original Application and:
(i)direct the Respondents to conduct a Review Departmental Promotion Committee (Review DPC) for consideration of the Applicant against the available SC category vacancy for the post of Medical Records Assistant, on the basis of his correct and complete service/work-experience particulars in the Medical Records Department from 27.02.2021 to 31.03.2023, and taking into account his entitlement as a member of the Scheduled Caste (SC) category, within a time frame to be fixed by this Hon'ble Tribunal;
(ii)subsequently set aside and quash the impugned Office order No 172/2025 dated 30.12.2025 to the extent of promotion of the Applicant to the post of Operation Theater Assistant while declaring the same as illegal, arbitrary, and violative of Article 14 and 16 of the Constitution of India; and
(iii)Pass such other order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”
Learned counsel for the applicant submits that the applicant, who belongs to the SC category, worked as Nursing Orderly at ESIC Medical College and Hospital, Sanathnagar, in the Medical Records Department from 27.02.2021 to 31.03.2023 and thereby gained the required experience for the post of Medical Records Assistant. In the December 2025 DPC, an SC vacancy for Medical Records Assistant was available, but the applicant was not considered as incomplete service particulars were furnished by the administration. Instead, he was promoted as OT Assistant by Office Order No. 172 of 2025 dated 30.12.2025, which foreclosed his future promotional avenues. His representation dated 26.02.2026 seeking a Review DPC is still pending.
Mrs. T. Manjula, learned Standing Counsel for ESIC, accepts notice on behalf of the respondents and opposes the relief sought in the O.A.
Considering the fact that the representation dated 26.02.2026 submitted by the applicant is still pending, we are of the view that the O.A. can be disposed of at the admission stage, directing the competent authority among the respondents to dispose of the said representation by a reasoned and speaking order within a period of thirty (30) days from the date of receipt of a copy of this order, in accordance with law. An opportunity of personal hearing may be afforded to the applicant before passing the speaking order.
The O.A. is disposed of accordingly without prejudice to the rights and contentions of either side. It is needless to mention that the merits of the case have not been gone into. Pending M.As., if any, are also disposed of. No order as to costs.