Back
THE HIGH COURT OF GAUHATI (HIGH, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Vijay Bishnoi, N. Unni Krishnan Nair
Employees State Insurance Corporation Rep By The Chairaman Panchdeep Bhawan CIG Marg New Delhi – Appellant
Versus
Karabi Kalita And Anr W/O Dr. Jayanta Kumar Choudhury – Respondent
JUDGMENT :
N. Unni Krishnan Nair. J.
Heard Ms. A. Bhattacharyya, learned counsel along with Mr. P. Kalita, learned counsels appearing for the petitioners. Also heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. R. Choudhury, learned Counsel appearing for the respondent no. 1.
2. The petitioner, by way instituting the present proceeding has presented a challenge to an order dated 03.08.2023, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in Original Application (OA) No. 117/2023.
3. The facts in brief requisite for the purpose of adjudication of the issue arising in the present proceeding is noticed as under: -
The petitioners herein, vide an order dated 27.06.2022, had required all Group-A Medical Officers working in the Employees State Insurance Corporation (ESIC)Model Hospital and who had completed 03 or more years of continuous service at the Hospital to submit their choice of medical institutions/stations as option for posting. The said options were required to be so submitted by 28.06.2022. The respondent no. 1, who at the relevant point of time was working as a Chief Medical Officer [Non- functional Selection Grade (NFSG)] in pursuance t
Transfer of government employees is an inherent condition of service, and courts should not interfere unless there is evidence of mala fides or violation of statutory provisions.
Administrative transfers are not subject to judicial review unless issued by an incompetent authority or based on mala fides, reaffirming the principle that employees cannot claim a right to remain i....
Judicial review of administrative transfers is minimal; valid transfer policies do not confer enforceable rights. Employees accepting transfer terms in their contracts cannot contest them after prolo....
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
