Transfer policies must prioritize service exigencies while considering personal circumstances without conferring a vested right to particular postings.

ORDER

Since common questions arise for consideration, these two Original Applications were tagged, heard together and are being disposed of by this common order. The respondents are one and the same.

2. The 1^st applicant in O.A.249/2023 is a Chief Medical Officer in ESI Hospital, Asramam, whereas the 2^nd applicant is an Insurance Medical Officer in the same hospital. By Annexure-A1 order dated 20.05.2023, they were transferred to Udyogamandal and Ezhukone respectively. Such a transfer was made against the preferences made by them. The 1^st applicant wanted to retain her in Asramam. She had given preferences to Ezhukone, Udyogamandal, Thirunelveli and K.K.Nagar. Her husband is also a Medical Officer working in Asramam, who also gave identical options on spouse ground. Now her husband is posted in Ezhukone, which was the third priority and Udyogamandal was the second priority. He is also aggrieved by the transfer given to Ezhukone. The 1^st applicant is a native of Kollam.

3. The 2^nd applicant is a native of Kannur; he had given the first option to Udyogamandal. Against his choice he is posted to Ezhukone, which is very inconvenient to him.

4. Highlighting the inconveniences and seeking modification of the places of posting, both of them gave representations as provided in the transfer policy guidelines. However, that has been rejected arbitrarily, without considering the contentions raised by the applicants in proper perspective.

5. According to the applicants, the child of the 1^st applicant is now studying in Std.XI, admission to Standard XI was made before passing the transfer order. In the event of transfer of both the parents, if change of school of the child is done at the middle of the academic year, that would affect the career of the child. Similarly, the aged parents of the 2^nd applicant have to be looked after by him. Moreover, his father-in-law is blind and a kidney patient, who is undergoing dialysis. He has a moral obligation to look after the father-in-law. In the given posting at Ezhukone it will be very hard for him to discharge his moral and familial obligations.

6. The applicant in O.A.251/2023 is Insurance Medical Officer Grade-I in ESI hospital, Asramam. She had given her preferences in Asramam, Ezhukone, Udyogamandal, SRO Kollam and SRO Thiruvananthapuram. She is suffering from a spinal disease called Lumbar Inter Vertebral Disc Protrusion, for which she underwent surgery and still serious difficulties are haunting her. She is presently continuing treatment and needs regular check-up. She was advised not to take long journeys and to avoid prolonged sitting or standing.

7. Secondly, she remains separate from her husband for last many years and has now filed OP(HMA)270/2022 before the Family Court, Kollam for divorce on the ground of cruelty,. A petition under the Protection of Women from Domestic Violence Act,2005 is also pending before the Judicial First Class Magistrate Court-II, Kollam. She is also a native of Kollam. Her only daughter is now in 11^th Standard admitted in April 2023 in Sree Narayana Public School, Kollam. The child suffers from Attention Deficit Hyperactivity Disorder, ADHD and requires continued parental support. Her aged mother is with her.

8. Thus a transfer against her preference to Udyogamandal is most inconvenient to her, against which she made representation before the respondents. However, without considering the relevant aspects and