Iqbal Khatri and Ors v. Employees State Insurance Corporation and Anr

SANJIV KHANNA, J. SEPTEMBER 13, 2011 NA

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13th September, 2011. WRIT PETITION (CIVIL) NO.6526/2011 IQBAL KHATRI AND ORS ..... Petitioner Through Mr. Sanjeev Sachdeva, Sr. Advocate with Mr. Ankur Garg and Mr. Sougat Ganguly, Advocates. versus EMPLOYEES STATE INSURANCE CORPORATION AND ANR ..... Respondent Through Ms. Rekha Palli and Ms. Punam Singh, Advocates. WRIT PETITION (CIVIL) NO. 6627/2011 DHEERAJ TANWAR ..... Petitioner Through Mr. Manish Jain, Mr. Ankur Garg and Mr. Sougat Ganguly, Advocates. versus ESIC AND ANR ..... Respondent Through Ms. Rekha Palli and Ms. Punam Singh, Advocates. WRIT PETITION (CIVIL) NO.6628/2011 SAT PAL GAHLOT ..... Petitioner Through Mr. Manish Jain, Mr. Ankur Garg and Mr. Sougat Ganguly, Advocates. versus ESIC AND ANR ..... Respondent Through Ms. Rekha Palli and Ms. Punam Singh, Advocates. WRIT PETITION (CIVIL) NO. 6629/2011 BIJENDER SINGH ..... Petitioner Through Mr. Manish Jain, Mr. Ankur Garg and Mr. Sougat Ganguly, Advocates. versus ESIC AND ANR ..... Respondent Through Ms. Rekha Palli and Ms. Punam Singh, Advocates. WRIT PETITION (CIVIL) NO.6630/2011 SAMAR SINGH ..... Petitioner Through Mr. Manish Jain, Mr. Ankur Garg and Mr. Sougat Ganguly, Advocates. versus ESIC AND ANR ..... Respondent Through Ms. Rekha Palli and Ms. Punam Singh, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether Reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the Reporter or not ? Yes. 3. Whether the judgment should be reported in the Digest ? Yes. DIPAK MISRA, CJ.: Invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 30th August, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short, "the tribunal") in four original applications preferred under Section 19 of the Administrative Tribunals Act, 1985. As the tribunal has disposed of the original applications by a common order, we propose to dispose of these writ petitions by a singular order. 2. The respondent, Employees State Insurance Corporation (ESIC), published an advertisement in May 2004 for filling up the posts of Nursing Orderly. It was mentioned in the said advertisement that the number of posts are 75. The bifurcation of posts was 38 (unreserved), 11 (Scheduled Castes) and 26 (Other Backward Classes). The petitioners applied for the said post in the OBC category as they belong to the Jat community which falls in the OBC category as per the list under the Government of National Capital Territory of Delhi. They were selected in the said category and accordingly appointed. 3. ESIC, by order dated 30th May, 2011, terminated the services of the petitioners with immediate effect on the ground that the petitioners could not have been considered in the OBC category as the Jat community does not find place in the OBC list prepared by the Central Government. 4. Being aggrieved by the aforesaid order of termination, the petitioners knocked at the door of the tribunal and the tribunal, relying on its decision in Shyam & Others Vs. Employees State Insurance Corporation Ltd. & Others (TA-38/2010) decided on 1st December, 2010 came to hold that as the petitioners were not covered in the category of OBC list prepared by the Union of India, their cases could not have been considered in the said category by the ESIC and there being a fundamental flaw in the appointment, the order of termination could not be interfered with. Expressing such a view, the tribunal dismissed the original applications. 5. We have heard Mr. Sanjeev Sachdeva, learned senior counsel appearing for the petitioner in W.P.(C) No.6526/2011, and Mr. Manish Jain, learned counsel for the petitioner in other writ petitions. The learned counsel for the petitioners have raised the following contentions:- (i) The tribunal has failed to take note of the language employed in the advertisement inasmuc