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S. M. SUBRAMANIAM, M. JOTHIRAMAN
Director General, Employees State Insurance Corporation – Appellant
Versus
K. Monicka – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, call for the records of the Central Administrative Tribunal, Chennai Bench, pertaining to the order passed in OA/310/526/2024 dated 16.05.2024 and quash the same.
1. Under assail is the common order passed by the Central Administrative Tribunal, Chennai Bench dated 16th May, 2024 in OA/310/00503, 504 and 506 to 513 and 524 to 526/2024.
BRIEF FACTS OF THE CASE:
2. The Director General, Employees State Insurance Corporation is the writ petitioner before this Court. The respondents filed Original Applications before the Tribunal, seeking to set aside the order of the administrative transfers and the consequential orders. The Tribunal disposed of the Original Applications by issuing directions. Aggrieved by the said order, the Employees State Insurance Corporation has filed the present writ petitions.
3. The respondents, working as Professors/Assistant Professors in Medical Colleges run by the Employees State Insurance Corporation, were transferred from Chennai to other places on administrative grounds and based on organisational requirements. The respondents i
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....
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.
Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal ha....
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
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