Transfer order quashed for violating ESIC policy and DoP&T guidelines on spouse postings; central govt employee entitled to consideration near state govt spouse's station subject to vacancies, with reasoned orders mandatory.

ORDER

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

Aggrieved with his transfer order dated 20.05.2023 bearing no.65 from Bapunagar Model Hospital, ESIC, Gujarat to ESIC Hospital Indore, the applicant has approached this Tribunal in the second stage litigation, praying for the following relief:-

“(A). The Hon'ble Tribunal be pleased to quash and set aside recommendation of the Transfer Committee No.A- 22013/15/2023-MED-VI, Annexure A-1 and order No.65 dated 20-05-2023, Annexure A-2, and order dated -06-2024, Annexure A-3, as, illegal, arbitrary, unconstitutional, contrary to settled legal position and in utter violation of principles of natural justice, null and void.

(B) Be pleased to allow this application with costs and be pleased to quantify the cost.”

2. The facts of the case in brief are as follows:-

2.1 The submission of the learned counsel for the applicant is that the applicant was appointed as an Insurance Medical Officer (IMO) Grade-II w.e.f. 11.02.2010 with reference to the advertisement for recruitment of Medical Officers in ESIC Hospitals in the State of Gujarat in PB-3 Rs.15600-39100/- with Grade pay of Rs.5400/-. Consequently, he was given the benefit of Dynamic Accrued Career Progression (DACP) in the GP of Rs. 6600/- as an Insurance Medical Officer Grade-1 and thereafter, he was promoted as Chief Medical Officer and granted Financial Upgradation at Level-12 w.e.f. 10.02.2019.

2.2 The counsel for the applicant further submitted that ESI Corporation issued a Transfer Policy dated 20.06.2022 for the Doctors of the ESI Corporation wherein para 4.2 of the said Transfer Policy provides for inviting online applications from the Doctors who have completed the tenure period of Medical Officer for more than 6 years at one station which could be extended for another three more years by the competent authority.

2.3 It is submitted that as per para 3 of the Transfer Policy, Medical Officers may give choices of medical institutions/stations as option for posting and, if, no such options are received from the eligible Medical Officers, such Medical Officer shall be considered for transfer/posting as per para 3.2 of the transfer policy. Accordingly, applicant had submitted choices of five places for posting through online. It is relevant to mention that Dr. Amee Amrutia, wife of the applicant is serving under Government of Gujarat as a Medical Officer CL-II, at Ayurveda Dispensary, Nava Naroda, Ahmedabad which entitles him for 10 points for special criteria as per the Priority Matrix of Transfer policy (Annexure-1).

2.4 It is contended that the applicant has received the transfer order dated 20.05.2023 from Bapunagar Model Hospital, ESIC, Gujarat to ESIC Hospital Indore. As per counsel for the applicant, it is contrary to the provisions of transfer policy of ESI Corporation. Subsequently, the applicant made representation dated 22.05.2023 to the Office of the respondent authorities against the impugned transfer order categorically referring clauses 7.4 and 7.10 of the policy and submitted that despite his spouse ground, he has been transferred while the medical officers who were seniors in terms of stay to him, posted in the station for longer period have been accommodated in the same station. (Annexure- A/7). The counsel for applicant further submits that during the pendency of the previous OA, the representation made to the Transfer Grievance Redressal Committee was disposed on 20.05.2023 (Annexure A/1) without considering the grounds made by the applicant in the said representation.

2.5 The counsel for applicant further submitted that in view of the f