IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY CIVIL JURISDICTION CM.NO. 2-597 OF 2020 IN ‘ WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh KumarMeena& Ors, Petitioners Versus Dean, ESI PGIMSR, Basaidarpur & Ors. --. Respondents AND IN THE MATTER OF Dr. Iqra Khan & Ors, -+++.Applicants/Impleaders/Petitioners Date of hearing: 23.11.2020 INDEX [si] Particulars ~ | Page No] no TY] OF MOTION 2_ [URGENT APPLICATION _ 2 3 | R So | 33A [4 PLIC J 10 RW SECTION 31] 4-11 CPC ON BEHALF OF THE APPLLICANTS FOR | IMPLEADMENT ALONG WITH AFFIDAVIT | 5 | AMMENDED MEMO OF PARTIES 3] 6 | ANNEXURE-PA 4 A TRUE COPY OF THE ORDER DATED 14.08,2020 OF ‘THIS HON’BLE COURT IN W.P. (C) NO. 5290 OF 2020 7 | ANNEXURE-P/2 15° A TRUE COPY OF THE NOTICE DATED 03.08.2020 j ISSUED BY OFFICE OF THE DEAN OF THE RESPONDENT NO, | INSTITUTE LF. ESI PGIMS AND | RI8 [ANNEXURE-P3 16 A TRUE COPY OF THE REPRESENTATION DATED 05.08.2020 SUBMITTED BY THE PETITIONERS LE. PG STUDENTS OF 2018-20 BATCH TQ, THE RESPONDENT NO. 1 LE. DEAN ESI PGIMSR & ‘ HOSPITAL, BASAIDARAPUR, NEW DELHI. 9 | ANNEXURE-P/4 7 A TRUE COPY OF THE PAY SLIP IN THE MONTH OF AUGUST, 2020 OF PETITIONERS/IMPLEADERS. 10 | ANNEXURE-P/S 18-22 A TRUE COPY OF THE REPRESENTATION DATED. 14.10.2020 SUBMITTED BY THE PETITIONERS LE. PG. STUDENTS OF 2018-20 BATCH TO THE RESPONDENT NO. 1 LE. DEAN ESI PGIMSR & HOSPITAL, BASAIDARAPUR, NEW DELHI VAKALATANAMA 23-27 2 | PROOF OF SERVICE 28 Filed by eo ' New Delhi O° zt Dated: 22.10.2020 (DURGA DUTT & KOUSIK GHOSH) . ADVOCATES FOR THE APPLICANTS/IMPLEADERS, Off 811, 8" Floor, 17,Barakhamba Road, Connaught Place, New Delhi-110001 Mobile No.-8371918950 E-mail id: kghosh112@gmail.comIN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY CIVIL JURISDICTION C.M. NO.7 §* 99] OF 2020 IN WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh KumarMeena& Ors, Petitioners Versus Dean, ESI PGIMSR, Basaidarpur & Ors. .-.Respondents AND IN THE MATTER OF Dr. Iqra Khan & Ors. -«+.-Applicants/Impleaders/Petitioners YTICE OF MOTION To The Standing Counsel Union of India Sir, The aforesaid matter is filed today. Kindly acknowledge this and make it convenient to appear on 26 .10.2020 or soon thereafter when this matter is likely to be listed. Thanking you. Yours faithfully New Delhi Korat 3 Dated: 22.10.2020 Vo (DURGA DUTT & KOUSIK GHOSH) ADVOCATES FOR THE PETITIONERS. Off.- 811, 8" Floor, 17,Barakhamba Road, Connaught Place, New Delhi-110001 Mobile No.-8371918950 : kghosh112@gmail.com E-mail iL IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY CIVIL JURISDICTION CM.NO.7§ 5.7) OF 2020 IN WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh Kumar Meena & Ors. -+-.Petitioners Versus Dean, ESI PGIMSR, Basaidarpur & Ors. ....Respondents AND IN THE MATTER OF Dr.IqraKhan& Ors, sae, Applicants/Impleaders/Petitioners URGENT APPLICATION To The Registrar, High Court of Delhi, New Delhi Sir, Will you kindly treat the pre: of this Hon’ble High Court:- ‘The Ground of urgency is that the applicants/petitioners pray for interim relief seeking thereby issue direction in the nature of mandamus commanding the Respondents not to hike the fees payable by the Petitioners/PG Students (Batch 2018-2021) and not to take any coereive action against the applicants/petitioners for any default in the payment of fees as per the notice dated 03.08.2020 issued by the office of the Respondent No. | i.e. ESI PGIMSR, Basaidarapur, New Delhi and to be listed within three (3) days before Hon’ble Cour ent application as urgent as per the rules and regulations Thanking you. Yours faithfully / New Delhi “1. —4tp4/ > Dated: 22.10.2020 Ne ttt ) bol ourel DUTT & KOUSIK GHOSH) ADVOCATES FOR THE PETITIONERS, Off.- 811, 8" Floor, 17,Barakhamba Road, Connaught Place, New Delhi-110001 Mobile No.-8371918950 E-mail id: kghosh1 12@gmail.comCouRT- FLES or _ 3-34IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY CIVIL JURISDICTION C.M.NO. ‘2.5'97.) OF 2020 IN WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh Kumar Meena& Ors, ann Petitioners Versus Dean, ESI PGIMSR, Basaidarpur & Ors. .--- Respondents AND IN THE MATTER OF Dr. Iqra Khan & Ors. ..-Applicants/Impleaders/Petitioners APPLICATION UNDER ORDER | RULE 10 R/W_ SECTION 151 CPC FOR IMPLEADMENT ON BEHALF OF THE PETITIONERS MOST RESPECTFULLY SHOWETH: 1. That the above noted writ petition has been filed by the petitioners inter- ia praying fe a. “Issue an appropriate writ, order or direction in the nature of mandamus commanding the Respondents not to hike the fees as per the notice dated 03.08.2020 issued by the Respondent No.; and/or b. Issue an appropriate writ, order or direction to the Respondents not to take any coercive action against the petitioners for any default in the payment of fees as per the notice dated 03.08.2020 issued by the office of the Respondent No. 1; and/or ¢. Issue an appropriate writ, order or direction to the Respondents and direct the Respondents to withdraw the Notice dated Sov B 03.08.2020 issued by the Respondent No. I as the matter pertains to the fee hike is pending adjudication before this Hon'ble Court in an identical matter in Writ Petition being No. W.P.(C) 1410/2019 titled as “MD NAJIM AND ORS Vs. EST PGIMSR, BASAIDARAPUR AND ORS.”; and/or d. Pass such further or other orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case” . That the present Writ Petition was listed before this Hon’ble Court on 19.10.2020, however, the same has been adjourned for 04.11.2020. . That this Hon'ble Court after hearing the parties issued notice in the instant Writ Petition (C) No. 5290 of 2020 on 14.08.2020 and fixed a returnable date on 01.09.2020. A True Copy of the Order dated 14.08.2020 of this Hon’ble Court in W.P. (C) NO. 5290 OF 2020 is annexed and marked as ANNEXURE-P/I (Page Nos. /4 to ==.). . That the Applicants/Impleaders are the students of the same PG Batch 2018-2021 of the petitioners of the Respondent No. | Institute ie. ESI PGIMSR, Basaidarapur, New Delhi and similarly situated persons. . That the Applicants/Impleaders/PG Students (Batch 2018-2021) are filing the present Application Under Order 1 Rule 10 R/W Section 151 of CPC for Impleadment as petitioners in the captioned Writ Petition secking appropriate writ, order or direction in the nature of mandamus commanding the Respondents not to hike the fees payable by the Petitioners (PG Students) and not to take any coercive action against the petitioners for any default in the payment of fees as per the notice dated 03.08.2020 issued by the office of the Respondent No. 1 and to issue an appropriate writ, order or direction to the Respondents and direct the Respondents to withdraw the Notice2 dated 03.08.2020 issued by the Respondent No. 1 as the matter pertains to the fee hike is pending adjudication before this Hon’ble Court in an identical. matter in Writ Petition being No. W.P.(C) 1410/2019 titled as “MD NAJIM AND ORS Ys. ESI PGIMSR, BASAIDARAPUR AND ORS ”. . That the office of the Dean of the Respondent No. | Institute i.e, ESI PGIMSR, Basaidarapur, New Delhi vide it’s Notice dated 03.08.2020 informed the Applicants/Petitioners that the Tuition fee and University charges is due in respect of PG Students (Batch 2018 & 2019) and hiked the fees ESIC published a Notice on 03.08.2020 in respect of the Tuition Fee and University Fee in r/o PG students (Batch 2018 & 2019 ) and hiked the fees and requested the petitioners/students to submit their detailed fee in the office of the Dean, ESI PGIMS and Research, Basaidarapur, New Delhi positively by 17.08.2020 through Demand Draft. A true copy of the Notice dated 03.08.2020 issued by office of the Dean of the Respondent No. I Institute ie. ESI PGIMSR, Basaidarapur, New Delhi is annexed and’ marked as ANNEXURE- P/2 (Page Nos/5 to>—). . That this is most humbly submitted that being aggrieved by the Notice dated 03.08.2020, the Writ Petitioners also submitted a representation dated 05/08/2020 to the Respondent No. 1 i.e. Dean ESI PGIMSR & Hospital, Basaidarapur, New Delhi and apprised the competent authority that the issue pertains to the fee hike has already been filed by the P.G. students of Batch 2017-20 in this Hon’ble Court being Writ Petition (C) No. 1410 of 2019 and the matter being subjudice before this Hon’ble Court. Hence, the impugned notice dated 03.08.2020 doesn’t serve any purpose for fees submission. However, despite the aforementioned representation dated05.08.2020 the Respondent No. 1 has not paid any heed to the representation and not considered the genuine grievances of the petitioners (Students). A true copy of the representation dated 05.08.2020 submitted by the Petitioners i.e. PG Students of 2018-20 batch to the Respondent No. 1 ie. Dean ESI PGIMSR & Hospital, Basaidarapur, New Delhi is annexed and marked as ANNEXURE-P/3 (Page Nos. /é to~~). That this is most humbly submitted that the Respondent No. 1 arbitrarily and also without prior intimation/Notice to the applicants/impleaders deducted ~—the_— salary. ~—oof the Applicants/Impleaders only because of the reason that the Applicants/Impleaders were not parties in the instant Writ Petition despite the fact that they are similarly situated persons with the petitioners being the students of the same batch of the Respondent No. | Institute in the Writ Petition being No. “W.P.(C) 5290/2020 titled as “DR. LOKESH KUMRA MEENA AND ORS Vs. ESI PGIMSR, BASAIDARAPUR AND ORS.” and the matter is already Sub-Judice before this Honb’le Court. A-trudlepy of the Pay Slip in the month of August, 2020 of Petitioners/Impleaders annexed and marked as ANNEXURE-P/4 (Page Nos. | to). That this is most respectfully submitted that being aggrieved by the deduction in the salary as reflected in the Pay slip in the month of August, 2020, the Applicants/Impleaders submitted a representation dated 14.10.2020 to the Respondent No. | ie. Dean ES] PGIMSR & Hospital, Basaidarapur, New Delhi and apprised the competent authority that the issue regarding the fee hike of the students of the same batch is already pending adjudication before this Hon’ble Court. However, despite the aforementioned representation dated i ¢ 414.10.2020 the Respondent No. 1 has not paid any heed to the representation and not considered the genuine grievances of the Applicants/Impleaders . A true, TE ‘opy of the representation dated 14.10.2020 submitted by the Petitioners i.e. PG Students of 2018-20 batch to the Respondent No. 1 ie. Dean ESI PGIMSR & Hospital, Basaidarapur, New Delhi is annexed and marked as ANNEXURE-P/S ‘Page Nos. If to 27). 10.That as such, the Impleadment of Applicants/Impleaders above mentioned is imperative, which may cause, grave prejudice in case of the Non-Joinder of the party and their rights and interests are going to be affected by the orders passed therein. 11.That as such the impleadment is necessary as well as desirable before this Hon ble Court so that a true and correct picture and full facts and circumstances are disclosed and brought to the notice of this Hon’ble Court, so that this Hon’ ble Court is able to effectively and completely adjudicate upon and settle all the questions and issues involved in the case and also safeguard the inter of the parties and ensure that they are not adversely affected. 12.That under the circumstances it shall be expedient and in the interest of justice to Implead the applicants as Petitioners No. 29 to respondent No 34 in the captioned writ petition. An amended memo of parties in this regard is being filed herewith, 13.That this application is filed bonafide and in the interest of justice. PRAYER In the premises aforesaid, it is most humbly and respectfully prayed that this Hon’ble Court may be pleased to:(a) Direct Impleadment of Applicants/Impleaders as Petitioner No. 29 to respondent No 34 in the captioned writ petition and take on record the amended Memo of Parties filed in this regard; (b)Direct the Respondent No. 1 i.e. Dean ESI PGIMSR & Hospital, Basaidarapur, New Delhi to release the deducted Salary of the applicants/impleaders with continuation. (c) pass such other or further order(s) as may be deemed fit on the facts and circumstances of the case and in the interest of justice Filed by New Delhi . Dated: 10.08.2020 cota k (DURGA DUTT & KOUSIK GHOSH) ADVOCATES FOR THE PETITIONERS Off.- 811, 8" Floor, 17,Barakhamba Road, Connaught Place, New Delhi-110001 Mobile No.-8371918950 E-mail id: kghosh112@gmail,com 5IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY CIVIL JURISDICTION C.M.NO. 7 § 49 OF 2020 IN WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh Kumar Meena& Ors, a Petitioners Versus, - Dean, EST PGIMSR, Basaidarpur & Ors. .--Respondents AND IN THE MATT OF Dr.IgraKhan& Ors, sass Applicants/Impleaders/Petitioners AFFIDAVIT I, Dr. Iqra Khan, D/O- M. M. Khan, Aged About 29 Years, R/O-D-13 Noor Nagar Extn Johvi Farm, Jamia Nagar, New Delhi-110025 and do hereby State on Solemn Affirmation As Under: 1, That I am the Applicant No. | of the above mentioned Impleadment Application in captioned Writ Petition and I’m fully conversant with the facts and circumstances of the present case, therefore, competent to swear this affidavit on behalf of me and also on behalf of others. 2. That I have read & understood the contents of the Application for impleadment in the vernacular. I state that the contents of the said Application/petition are true and correct to the best of my knowledge and belief and the legal submi ions therein based on legal advice ZOLA Preceived are believed to be true. K' RIK 2 Nery me «, <= KB, AnDaBATINE the annexures are the true copies of their respective Originals. elhi ahi — \* |)\\ IBS oe Khon, DEPONENT / 0 igMerified at New Delhi on this 21% day of October, 2020 that the contents 5 of my foregoing affidavit are true and correct and nothing false has been TS ~ Khon DEPONENTIN THE HIGH COURT OF DELHI AT NEW DELHI i EXTRA ORDINARY CIVIL JURISDICTION C.M.NO. “72. §'9/7 OF 2020 IN WRIT PETITION (CIVIL) NO. 5290 OF 2020 IN THE MATTER OF Dr. Lokesh Kumar Meena & Ors. ---.+-Petitioners Versus Dean, ESI PGIMSR, Basaidarpur & Ors. «Respondents AND IN THE MATTER OF Dr.IgraKhan & Ors, sees Applicants/Impleaders/Petitioners wv AMENDED MEMO OF PARTIES . DR. IQRA KHAN D/O-M. M. KHAN R/O- D-13, NOOR NAGAR EXTN, JOHVI FARM, JAMIA NAGAR, NEW DELHI-110025 . DR. APURVA NAIN D/O-R. S. NAIN R/O-FLAT NO 332, SECTOR-1, POCKET-1 DWARKA, NEW DELHI . DR. RUPESH KUMAR SAHU S/O-RAJESH KUMAR SAHU R/O-SHER CHOWLE, JALPA WARD KATUI, MADHYA PRADESH }. DR. PRIYA D/O- P. KUISHNASWAMY R/O- SHYAMPUR, RISHIKESH, UTTARKHAND-249204 . DR. KUMAR SANJEEV. S/O- BINDESWAR PRASAD R/O-KUMHRAR, TRANSPORT NAGAR, PATNA-800026, BIHAR.+++: PETITIONERS/IMPLEADRES =VERSUS= . DEAN, ESI PGIMSR & HOSPITAL, BASAIDARAPUR, NEW DELHI-110015 2. EMPLOYEES STATE INSURANCE CORPORATION, THROUGH ITS DIRECTOR GENERAL, MEDICAL DIVISION-IV, HORS OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI -110002 . GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY, THROUGH ITS REGISTRAR, SECTOR 16 C, DWARKA, DELHI, 110078 4. MEDICAL COUNCIL OF INDIA THROUGH ITS SECRETARY POCKET-14, S| ‘OR-08, DWARKA PAHASE- NEW DELHI-110077 5. UNIVERSITY GRANT COMMISSION, THROL ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI — 110002 6. UNION OF INDIA, MINISTERY OF HEALTH AND FAMILY WELFARE, THROUGH ITS SECRETARY, NIRMAN BAHWAN, NEW DELHI-110011 w weeeeeeeeees -RESPONDENTS (ARISING OUT OF ORDER DATED 14.08.2020 IN W.P. (C) NO.5290 OF 2020 TITLED AS DR. LOKESH KUMAR MEENA & ORS Vs. DEAN,ESI PGIMSR, BASAIDARPUR & ORS. PASSED BY HON’BLE MR. JUSTICE JYNATH NATH)Perey Re P/t If IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5290/2020 DR.LOKESH KUMAR MEENA & ORS. . Petitioner Through —-Mr.Manan Kr.Mishra, Mr.Durga Dutt, Mr.Kousik Ghosh and Mr.Anjul Dwivedi, Ads. versus . ESI PGIMSR, BASAIDARAPUR & ORS. ... Respondent Through — Mr.Yakesh Anand, Adv. for R-I and R-2 Mr. '. Singhdev, Adv, Ms. Michelle B Das, Adv, Mr. Abhijit Chakraborty - Counsels appearing for respondent no. 4 - Medical Council of India Mr. Vishal Mittal,Sr. Panel Counsel for R-6/UOL CORAM: HON'BLE MR. JUSTICE JAYANT NATH ORDER % 14.08.2020 ‘This hearing is conducted through Video Conferencing, CM No.19077/2020 Exemption allowed, subject to all just exceptions. Application is allowed. Court fee be filed within two weeks. W.P.(C) 5290/2020 & CM _No.19076/2020 Learned counsel for respondents No.1 & 2; 4 and; 6 respectively accept notice. Notice be issued to respondents No.3 and 5 returnable on 1.9.2020. Counter-A lavit be filed within one week. Rejoinder thereto, if any, be filed within three days thereafter. JAYANT NATH, J AUGUST 14, 2020/nfrew£ys Uke, 7 office of the Beak tsi ost Graduate nate of edi Sciences /— rd Research, Easaidropur, New OBI Tel: 011-25970975 Fax: 2544072 in 4s feqrnt -oraihre argftaer ste separetear, aterage, fer ty, E feet -110 015. ‘Few 011.25970075, Fax: 25440722 nosis icin DM(A)H-19/14/9/PG Admission/2019/PGIMSR/ Dated: 29:07.2020 ; 03-0¢, 10% NOTICE ‘Tuition Fee and University Fee In r/o PG Students (Batch2018 & 2019)-reg. Subject It is hereby informed that Tuition Fee and University Charges is due in r/o PG Students (Batch 2018 & 2019) as detailed below: ‘A) Students admitted in the year 2018 (3' year PG Students) 1, Balance Tuition Fee (for Academic Year 2018-2019): Demand Draft of Rs, 1,25,000/-(Rupees One Lack and Twenty Five Thousand Only) in favour of “ESI Saving Fund Account No. 2” payable at Delhi (except Dr. Prashant Srivastava & Dr. Aarushi Singla, Deptt. of Paediatrics). 2. Tuition Fee (For Academic Year 2019-2020) Demand Draft of Rs. 2,50,000/-(Rupees Two Lacks and Fifty Thousand Only) in favour of “ESI Saving Fund Account No. 2” payable at Delhi 3. University Fee (for Academic Year 2019-2020) Demand Draft of Rs.15,000/- (Rupees Fifteen Thousand Only) in favour of " ESI Saving Fund Account No, 2" payable at Delhi 4. Tuition Fee (For Academic Year 2020-2021) Demand Draft of Re. 2,50,000/-(Rupees Two Lacks and Fifty Thousand Only) in favour of “ESI Saving Fund Account No. 2* payable at Delhi 20la 1B) Students admitted in the year 201f(2" year PG Students) 1. Balance Tuition Fee (for Academic Year 2019-2020} Demand Draft of Rs. 1,25,000/-(Rupees One Lack and Twenty Five Thousand Only) in favour of “ESI Saving Fund Account No. 2” payable at Delhi (except Dr. Soumya Gupta & Dr. Surabhi). 2. Tuition Fee (For Academic Year 2020-2021): Demand Draft of Rs. 2,50,000/-(Rupees Two Lacks and Fifty Thousand Only) in favour of “ESI Saving Fund Account No. 2" payable at Delhi 3. University Fee (for Academic Year 2020-2021) Demand Draft of Rs.15,000/- (Rupees Fifteen Thousand Only) in favour of * ES! Saving Fund ‘Account No. 2” payable at Delhi The name and mobile no. of the student should be written on the backside of the Demand Drafts. AllPost Graduate Students are requested to submit their above detailed fee in the office of Dean, ESI-PGIMSR, Basaidarapur, Delhi positively by 17.08.2020. ‘This may be treated as MOST URGENT. (Dr. raise) Academic Registrar aeAnnexure (6/5 (Colly) g Through proper channel To The MS ESI PGIMSR New Delhi Respected Sir, Subject- Regarding Salary release for the month of September. 1 would like to bring your notice; my name is not in the list of petitioners in the court case, regarding PG fee structure. In lieu of which, my salary has not been released without any prior notice period in order to make necessary arrangement. Kindly give me a notice period & not temper with our monthly salary with further notice. Thank you Dr. Iqra Khan PG-III Resident Dept of Paediatrics Medical Superintend Received 14/10/20 True Typed CopyESIC Model Hospital - Basaidarapur @ EMPLOYEES’ STATE INSURANCE CORPORATION J 4 WEKURE 4 @ PAYSLIP FOR THE MONTH OF : Aug - 2020 Empoyes 0 174868 PRANIGPF AIG PAN Wo GVOPREGSTE EmpName “IQR KHAN Bank AIC No = ea20e780s6 Date of Joining + o10872018 Designation ior Rsiont MICR code Toors081 Pay Level vel 10 Gender Female Bank Name: INDIAN BANK GPF Balance’ NA ason 31072000 Earrings mount Deductions “mount Recoveries “Amount (Rs) ARs) (Rs) Nonfroaing Awance Troon Vaan Wa Tar Tam006 Deamess Allowence 12138,00 Seriety Recovery 00 ous Ren Alonarce 1290 00 Yrarspot lose 280 rn cPC Base Pay 595000 Total Eamings 106242.00 ‘Total Deductions 1200.60 Total Recoveries: 0.00 NETPAY Adhoc Details ‘amount "Amount Earnings a Deductions aaAnnexure A/§ (Colly) Through proper channel To ‘The MS ESI PGIMSR New Delhi Respected $: Subject- Regarding Salary release for the month of September. 1 would like to bring your notice; my name is not in the list of petitioners in the court case, regarding PG fee structure. In lieu of which, my salary has not been released without any prior notice Period in order to make necessary arrangement, Kindly give me a notice period & not temper with our monthly salary with further notice. Thank you Dr. Apurva Nain PG-III Resident Dept of Gynocology Medical Superintend Received 14/10/20 True Typed Copy 19Annexure f¥/5 (Colly) © Through proper channel To ‘The MS ESI PGIMSR New Delhi Respected Sir, Subject- Regarding Salary release for the month of September 2020. T would like to bring your notice; my name is not in the list of petitioners in the Court case, regarding PG fee structure. In lieu of which, my salary has not been released without any prior notice period in order to make necessary arrangement. Kindly give me a notice period & not temper with our monthly salary with further notice. Thank you Dr. Rupesh Sahu PGAII Resident Dept of Dermatology Medical Superintend Received 14/10/20 A True Typed CopyAnnexure A/S (Colly) 2) ‘Through proper channel To The MS ESI PGIMSR New Delhi Respected Sir, Subject- Regarding Salary release for the month of September 2020. T would like to bring your notice; my name is not in the list of petitioners in the Court case, regarding PG fee structure. In lieu of which, my salary has not been released without any prior notice period in order to make necessary arrangement. Kindly give me a notice period & not temper with our monthly salary with further notice. Thank you Dr. Priya PG-III Resident Dept of Dermatology Medical Superintend Received 14/10/20 + ‘True Typed CopyAnnexure b/5 (Colly) al Through proper channel To ‘The MS ESI PGIMSR New Delhi Respected Sir, Subject- Regarding Salary release for the month of September. I would like to bring your notice; my name is not in the list of petitioners in the court case, regarding PG fee structure, In licu of which, salary has not been rek sed without any prior notice period in order to make necessary arrangement. Kindly gi me a notice period & not temper with our monthly salary with further notice. Thank you Dr. Kumar Sanjeev PG-II Resident ESI PGIMSR Basaidarpur Medical Superintend Received 14/10/20 True Typed Copy‘2er2090. e1h2090 4) - s Qu-ye gut? Fr g 23 IN THEHIGH COURT OF DELHI AT NEW DELHI (CIVIL /CRIMINAL EXTRAORDINARY JURISDICTION) SUIT/APPEAL NO /CWPNO 5256 juRISDICTION oF 2020 [or Lehr Ley, her, 1 ~ “VERSUS: enw EN PUIER t ef ‘AccusediRespondentis ] Kho Keegy VAKALATNAMA “PRL etary wpinatcaan JT PITH Khon. ‘a Dutt & Kousik Ghosh 811 Vijaya Building ,Barakhamba Road ,Connaught Place New Delhi-110001,M-981 1723914, eae To act appear and plead inthe above noted casein this Court or in any other Court in which the same be tried! heard and als in the Appellate Courts. To sig, fle verfy and present pleadings, replications, Appeals, crossobjections, or petitions for execution or review revision restoration withdrawal, compromise applications or other petitions replies, objections or atfdaie ‘orother documents 2¢ may be deomed necessary of prope for the prosecution of sad casein a its sage Tofile and take back documents Te withdraw, o compromise the said case or submit to arbitration any differences or disputes that may arise touching orn any manner relating tothe sai case To ake out execution proceedings, To deposit draw and receive money cheques and grant receipts thereof and todo all other acs and things which may be necessary to be done forthe progress andin the course to prosecutions of the said case 1 appoint instruct any other Legal practioner authorizing him to exercise the power and authorles hereby confered upon the Advocate whenever he may tink i odo go and sgn the power of attorney on mylout behall, ‘And We the undersigned do hereby agree to ratty and conf act as if done by the Advocate or their substitutes inthe matter 2s mylour wm acts, asf done by mels to intents and purposes, ‘nd le undertake that Ie or myfour duly authorized agents would appear in Cour al earings wil confim the ‘Advocates for appearance when case scaled ‘And le the undersigned do hereby agre not to hold the Advocate of thee substitute responsible tothe result of {ho said ate, consequences fr his absence from the cout when the sid cat scaled up fo the heating oa negligence ofthe said Advocates or his substitute. ‘And! We the undersigned do hereby agree tat in the event ofthe whole or any part the fe agreed by metus the ‘Advocates remsining unpaid they wil be entitled to retain the fieldocuments ec. and wil slo not be bowed to appear and conduc the caso til the feebalance fee is pad ‘And We the undersigned do hereby agree that Ie shall not caim any compensation, nor the Advocates shall be ‘able for any compensation if helshe fais to appear inthe cout or fails to conductor withdraws from the cave due ‘o1non-payment of fe as per setiement or for reason of any requesY cal given by Bar Associations of Councils | WITNESS WHEREOF We do hereunto set mylour hand fo these presents the contents of which have boon understood by malus this day of 2020, ‘Accepted subject tothe terms of fees. ae \> re h ve geo Khoon fl =a Noe po 1geA KHAN jigs) al wt?2S IN THEHIGH COURT OF DELHI AT NEW DELHI / (CIVIL /CRIMINAL EXTRAORDINARY JURISDICTION: ) SUIT/APPEAL NO /cMPNNO To, 96 JURISDICTION oF 2020 DN. (rhegl sv omar Kay | versus [Den 335 PASTS Boyan | monde RE “H Wit pas pies fon KT, VAKALATNAMA 1 For Ven fle We do hoe ppointandretin For Vm fT, Durga Dutt & Kousik Ghosh $11 Vijaya Building ,Barakhamba Road ,Connaught Place New Delhi 110001,M-981 1723914, rousing or compromise the suid case or submit to aSiation any diferences or dsptes tat. may arse touching orn any manner relating tothe sal ease To take out execution proceedings, 0607422 ras tBeet daw and receive money cheques and grant resis thereat and todo al ethe acts and things whic may be necessary tbe done forthe progress and inthe course to prosectot ofthe sae conieeed etc any eter Legal practioner authoring him o exercise the power and authors hereby confers upon the Aca whenever e may think ft Go Sean sign te power atone) ona eae inthe mater a are de heey are fo ratty and conti act fon bythe Aavocat rhs Inthe matter as mylour own ats, a5 done by mel to intents and purposes, vcs fans that Ie or yl dl autozed agents woul appar in Cou a heaings wil anim the ‘Advocates for appearance when cae scale, the eau interned do herby agree nto hl he Advocate oft substute reeponibleto theres of repens er nceenee fo his absence fom the court when te sai cates. caled oe eating or any negligence of the sad Advocates or his substitute. votes ttre do ery aretha nthe evento te whole o any pat tthe fo agree by mous the I appear enaing wna hy wil be ent to rea the documents essed ano ee ‘sppear and conduct the case til the feebalance foe spa, \ Tab foray cnetand de heey agro tat We shal tc any compensation, sr the Advocate shal be ] tenon gagehcompensaton else iso appear nthe court ora to conduct orvanenne tee ee i | __ ©rompayment of as par setement or for reason af ony eee sven by Bar Associations or Counc, ' Tse I REREOE Ae do hereunto st myo hand to exe pescns th cnn of which have en Understood by mel this day of 2020; ‘Accepted subject tothe tems of fees ag wl 5 , ee 452 Le lfobosers 68€2099 9807421 25 IN THEHIGH COURT OF DELHI AT NEW DELHI (CIVIL /CRIMINAL EXTRAORDINARY JURISDICTION) SUIT/APPEAL NO ae 29 JURISDICTION OF 2020 [BO Coker tar (ear) _[seeteai Kant VAKALATNAMA regener aopaitandrain DY. RuPeSh komer, shy Durga Dutt & Kousik Ghosh 811 Vijaya Building Barakhamba Road sConnaught Place New Delhi-110001,M-9811723914, head ono lad nthe above note case ints Couto i any otter Court n wnien ‘the same be tried! heard and also in the Appellate Courts. rove nnn an peter lesangs,repcatons, Apps, erss-objecon, or pions for execution or Srother stm ie ttn conpromie appiatuns or thes peion ohn objevions or adavits ates cum maybe dune necseay of proper the proseehon ook its tage Toile and take back documents touenniat oF compromise the sald case or submit to ariaton any diferences or disputes that may arise touching or in any manner eating to the said ease Totake out execution proceedings, avai at ta Ie or mylour dy authored agents woul appr n Court a hearings will confi the ‘Advocates fr appearance when case is calle, tha aeans indesign do hereby agree not to hold he Advocate of ta substi ‘esponsibe tothe resut of neglann a tseqtences rhs absence fom ho cout en thease ec ae up forthe heating or any negligence ofthe said Advocates or his substitute, avo, etoned o hereby agree than he event of he whole ray pat tthe fee agreed by melus the copa imaig ups tey wil be ented to retain he Weldon ae also not be bound to ‘s9pear and conduct he cae fil the felalance fei pid Tab foray sand do hereby agree that ie shal ot cin any compensation, nor the Advocates shall be IndeRESS WHEREOF IWe do herunto St myour hand to these presents the Contents of which have been understood by melus this dy of 220 ‘emtmintmti, al) Ae ah ee Ver ool wot Rabat Shy (2 DP. RupESH Kump. svelu Dey @Jszef6zP2090 0807397 (Pe fil A ree Kee no IN THEHIGH COURT OF DELHI AT NEW DELHI (CIVIL /CRIMINAL EXTRAORDINARY JURISDICTION) SUIT/APPEALNO /CHP NO &% -§ JURISDICTION OF 2020 "| PATA RPT ea) pre Fhe Kor VAKALATNAM Wedoheretyspcitandrasin Py. PTIYH, Durga Dutt & Kousik Ghosh 811 Vijaya Building ,Barakhamba Road ,Connaught Place New Delhi-1 10001,M-981 1723914, Perse cle kee ema tse sree serge Tos nr dp ne sneer oor ens ee ioe pat et roi el and resent eaigs, roplcalos, Appel, rose objections, or pttlons for excuon or or other docamane atte wihtraval, compromise sppicatons or othe pation eplion,ebjclins arc orale Gocuments 98 may be deemed necessary o proper forthe prosecton of sald casein ae ce To ile and take back documonts hocking OF COMPrniae the sui cae or subi fo aviation any dteences or disputes that may arise touching or in any manner relating tothe sid ca To takeout execution proceedings. meybo nace fei mony cheques and grant cis hero! ad odo al ter acs and things which ‘nay be necessary tbe dane forthe progress andin the course to prosecutions of he seen conten inst any the Lgal practitioner authoring him to exercise the power and autores hereby IMPLEADMENT APPLICATION IN MATTER OF WPC 5290 OF 2020 DR LOKESH_ KUMAR MEENA AND ORS VS DEAN ESIC PGIMSR AND ORS_0001 1 message KOUSIK 6 Tue, Nov 10, 2020 at 12:51 PM To: de anpgi-bsai.dl@esic.nic.in, dir-gen@esic.nic.in, gopallaw@yahoo.com, officesinghdev2@gmail.com, mohanmecmuqeem@gmail.com, office@akurup.com Dear Sir, Please find attached herewith IMPLEADMENT APPLICATION filed on behalf of Petitioners in the above subject matter. THANK YOU WITH! REGARDS KOUSIK GHOSH M8187 1978950 MMPLEADMENT APPLICATION MATTER OF WPC 5290 OF 2020 DR LOKESH KUMAR MEENA AND ORS ‘GI YS DEAN ESIC PGIMSR AND ORS_0001.pdf S37K D+ Respenderd -Wo-t Trad dean pgi- 6s /9y M- IFIP G006s6 @ WeSfonderf we 2 Emer = dty ~Jen CCS ie nica mab— G71 d Geog le. D RESP ned ne 3 19999 a)1102 Jo Patan G yohec moh Re § Pron? — $s Cor office Singhdev2 p med G99 IID 34S © Kespordend - G Cura ook 7 FF3 Fmeil- office © akrep. om. © Res Pr serf pas~ 3999 86958, o9eem @ rele = pes , mplerde) Adbvoccde bas Some dyed) CR PR ebibthime parrot Os Foplede] Atv _ Keeeath- rd ayoIN THE HIGH COURT OF DELHI AT NEW DELHI CM NO. 28977 OF 2020 IN W.P. (C) NO. 5290/2020 IN THE MATTER OF: Dr. Lokesh Kumar Meena &Ors. Petitioners Versus Dean, ESI PGIMR Basaidarapur & Ors. Respondents INDEX PARTICULARS PAGES Reply to Application Under Order | Rule 10 read} 1-9 with Section 151 CPC for Impleadment on behalf of Respondent No. | & 2/ESIC Proof of Service RESPONDENT NOS. | & 2 THROUGH [YAKESH ANAND /SONAM ANANI AKSHAY THAKUR/ DEEPSHIKHA SANSANWAL ADVOCATES, ANAND & ASSOCIATES B-54A, LGF, GREATER KAILASH PART-I, NEW DELHI - 110048 NEW DELHI Email: yakeshanand@gmail.com DATED: 15.12.2020 ‘Mob. 9810004397IN THE HIGH COURT OF DELHI AT NEW DELHI CM No, 28977 OF 2020 in W.P.(C) NO.5290/2020 HE MATTER O1 Dr. Lokesh Kumar Meena &Ors, Petitioners Versus Dean, ESI PGIMR Basaidarapur & Ors. Respondents REPLY TO APPLICATION UNDER ORDER 1 RULE 10 READ WITH SECTION 151 CPC FOR IMPLEADMENT ON BEHALF OF RESPONDENT NO. 1 & 2/ESIC MOST Ri LLY SHOW! PRELIMINARY SUBMISSION: 1. ‘The present writ petition has been filed by some students of 2018- 2021 PG course at the respondent no. institute, who are presently in the third year of their course. The petitioners have paid only a part of the Tuition Fees for the first academic year and have not paid any fees, including the University Fees for the subsequent years. In the instant writ petition, a challenge has been laid to the Notice dated 03.08.2020 calling upon the students to pay the arrears of fees. The respondents no.1 and 2 are opposing writ petition and have filed their counter affidavit on record, ‘That the present application has been filed five students of the 2018- 2021 batch, who were initially not parties in the petition, for impleadment as petitioner nos. 29 to 34 and for a direction to the respondents to release the arrear of fees deducted from their stipend.3. At the very outset it is submitted that the answering respondents are ‘not opposing prayer (a) of the application and have no objection to the impleadment of the applicants as petitioners. Further, since the applicants here are adopting and reiterating the averments and pleadings with respect to the Notice dated 03.08.2020, the respondents herein are also reiterating the contents of its Counter Affidavit filed to the present writ petition. It is therefore, prayed that Land 2 the contents of the Counter Affidavit filed by respondent nos are referred to and relied upon as a part of the reply of the respondents to the present application, 4. The respondents are however opposing prayer (b) of the application and deny any acvomission on its part which has been arbitrary in any manner for rightfully obtaining the balance tuition fee from the applicants. Submissions in this regard are being made hereinafter. In this regard it is submitted that there is no stay granted by this Hon'ble Court on the operation of the Notice dated 03.08.2020, The writ petition WP (C) No.5290 of 2020 filed by the students of batch 2018- 2021 was filed by some of the students in August, 2020 and was ted for the first time on 14.08.2020. On the said date, notice was issued and the case was re-notified to 01.09.2020. On 01.09.2020 none appeared for the petitioners (in the physical hearing) and the petition was adjoumed to 07.09.2020. 5. Since the students were not complying with the ‘notice dated 03.08.2020 and paying the arrears of fees, the respondents werecompelled to make deductions from the stipend of Rs.1,00,000 being, paid to them, The respondents made suitable deductions from the stipends of the applicants as also from the students of other batches who were not paying the fees/arrears of fees. Though there was no stay passed by this Hon’ble Court on the notice dated 03.08.2020, the respondents did not make deductions from the stipends of the original petitioners as the w petition was being listed on short dates. It is stated that as of now, deductions are also being made from the stipends of the petitioners in the present writ petition, Subsequently, even the students of the 2019-2022 batch filed a Writ Petition No.8432/2020 (Dr. Kunal Singla vs. Dean, ESI PGIMSR, Basaidarapur & Ors.) on the same lines as the present petition. They also prayed for stay on the Notice dated 03.08.2020 as also a stay on the deductions being made from their stipends. However. no stay has been passed by this Hon'ble on the Notice dated 03.08.2020 and the respondents are making deductions from the stipends of students from the 2019-2022 as well. . It is submitted that the students of the 2018-2021 batch as well as the 2019-2022 batch are taking advantage of certain orders passed in WP No.1410/2019 pertaining to students of the 2017-2020 batch, while the fact is that there is no similarity between the two. The petitioners and the present applicants are wrongly basing their claim on another writ petition and are refusing to pay the arrears of fees. The Petitioners and the applicants herein have also not paid the University2-4 Fees to the affiliating University. The respondents adopt all Preliminary Objections and Submissions made in its Counter Affidavit to the present writ petition in this regard PARAWISE REPLY: 1. The contents of para | of the application is quoting the prayer made by the Petitioners in the writ petition and do not call for any reply being matters of record. ‘The contents of paras 2-4 of the application do not eall for a reply being matters of record The contents of para 5 of the application pertains to the prayers being made by the applicants herein and the prayer made in the writ petition, and do not call for any reply. The contents of para 6 of the application are disputed and denied. It is denied that the o PGIMSR, Basaidarapur, New Delhi vide its Notice dated 03.08.2020 informed the Applicants/Petitioners that the Tuition fee and University charges is due in respect of PG Students (Batch 2018 & 2019) and hiked the fee ESIC published a notice on 03.08.2020 in respect of tuition fee and university fee in r/o PG students (Batch 2018 & 2019) and hiked the fees and requested the petitioners/students to submit their detailed fee in the office of the Dean, ESI PGIMSR Basaidarapur, New Delhi positively by 17.08.2020 through demand draft. It is submitted that the applicants are attempting to contend that the notice dated 03.08.2020 is inereasing/hiking the fees, which is not the case. Theapplicants, like the Petitioners are purposely misinterpreting the said notice. The notice dated 03.08.2020 is merely demanding payment of the fees for the previous two acade years which have not been deposited by the students in violation of the rules. It is submitted that the notice on the face of it shows that there is no revision of fees. The Petitioners and also the applicants are fully aware of what the fees is prior to joining the course and there has admittedly not been any enhancement of the fees after the Petitioners took admissions. The Petitioners cannot at this stage raise a grievance with respect to the fees that was fixed prior to them taking admission in the course. sd. Mis The contents of para 7 of the application are wrong and d submitted that the representation of the applicants is without any merit and they are only trying to mix up issues and mislead this Hon’ble Court, It is also denied that the present applicants have any similarity with students of the 2017-2020 batch and are wrongly trying to place reliance on Writ Petition (C) No. 1410 of 2019. It is also denied that the impugned notice dated 03.08.2020 doesn’t serve any purpose for fees submission. It is denied that despite the aforementioned representation dated 05.08.2020 the Respondent no. | has not paid any heed to the representation and not considered the genuine grievances of the petitioners (students). The contents of para 8 of the application are disputed and denied. It is, denied that the Respondent no.1 arbitrarily and also without prior intimation/notice to the applicants/impleaders deducted the salary of the applicants/impleaders only because of the reason that theapplicantslimpleaders were not parties in the instant writ petition despite the fact that they are similarly situated persons with the petitioners being the students of the same batch of the Respondent no.1 institute in the writ petition bearing no. “W.P. (C) 5290/2020 titled as “Dr. Lokesh Kumar Meena &Ors, vs. ESI PGIMSR, Basaidarapur&Ors.” and the matter is already subjudice before this Hon'ble Court. As has been submitted hereinabove, there is no stay and ‘on the notice dated 03.08.2020 and despite that the applicant other students are not complying with the same and remitting the fees and arrears of fees. Therefore, the Respondents are within their rights to make deductions from the stipends of the students, who are not paying the fees of Rs.2.5 lacs per year but are earning a stipend of Rs. lac per month, ‘The contents of para 9 of the application are wrong and denied, It is denied that being aggrieved by the deduction in the salary as reflected in the pay slip in the month of August, 2020, the Applicants/Impleaders submitted a representation dated 14.10.2020 to the Respondent no.1 i.e., dean ESI PGIMSR Basaidarapur, New Delhi and apprised the competent authority that the issue regarding the fee hike of the students of the same batch is already pending adjudication before this Hon'ble Court. It is denied that despite the aforementioned representation dated 14.10.2020 the Respondent no.1 has not paid any heed to the representation and not considered the genuine grievances of the applicant/impleaders.10, The contents of para 10 of the application are wrong and denied. It is denied that the impleadment of applicants/impleaders above mentioned is imperative, which may cause grave prejudice in case of the non-joinder of the party and their rights and interests are going to be afffected by the orders passed therein, However, without prejudice. the Respondent Nos. I and 2 are not opposing the impleadment of the applicants, 11. The contents of para 11 of the application are wrong and denied, It is denied that the impleadment is necessary as well as desirable before this Hon'ble Court so that a true and correct picture and full facts and cumstances are disclosed and brought to the notice of this Hon'ble Court, so that this Hon'ble Court is able to effectively and completely adjudicate upon and settle all the questions and issues involved in the case and also safeguard the interest of the parties and ensure that they are not adversely affected. However, without prejudice, the Respondent Nos. | and 2 are not opposing the impleadment of the applicants 12. The contents of para 12 pertains to the prayers made by the applicants/impleaders in the present application and the same do not call for a reply and as stated the Respondents do not have any objection if the applicants are impleaded as Petitioner Nos,29 to 34 in the present writ petition. 13. The contents of para 13 of the application are a matter of consideration by this Hon'ble Court and the same do not call for a reply.pass any other order or orders as this Hon’ble court may be deem fit and proper in the facts and circumstances of the present case. Mire RESPONDENT NOS. | & 2 THROUGH evcam fave} [YAKESH ANAND /SONAM ANAND/~ AKSHAY THAKUR / DEEPSHIKHA SANSANWAL] ADVOCATES ANAND & ASSOCIATES B-54A, LGF, GREATER KAILASH PART-1, NEW DELHI NEW DELHI DATED: — 12.2020IN THE HIGH COURT OF DELHI AT NEW DELHI CM, No. 28977 of 2020 IN W.P.(C) NO.5290/2020 IN THE MATTER O1 Dr. Lokesh Kumar Meena & Ors. Petitioners Versus Dean, ESI PGIMSR, Basaidarapur & Ors Respondents AFFIDAVIT Sh Peepak Kumar Sharma S/o Late Sh. R.D. Sharma, aged about 59 C/o ESI Corporation, Basaidarapur, Ring Road, New Delhi- ‘That I am the Medical Superintendent of the ESI Corporation and as such am fully conversant with the facts and circumstances of the case and able to depose to the same. 2. That I have read the accompanying reply and state that the \ \ contents stated therein are true and correct to my knowledge pe gt de nyo DEPONENT wo VERIFICATION: ‘ 1, the deponent above named do hereby verify that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom. Verified at Delhi on this day of December, 2020. erones” a epal— quo Shor me a THe whe oF RO er Sad wo Are DEPONENT.