Transfer orders issued as punitive measures without following due process violate principles of natural justice and are subject to judicial scrutiny.

ORDER

Since common questions are involved and the impugned document is same, both these Original Applications were heard together and are being disposed of by this common order.

2. Applicant in O.A.309/2023 is a Senior Nursing Officer and the applicant in O.A.310/2013 is a Nursing Officer, both working in the ESIC hospital, Ezhukone. Applicant in O.A.309/2023 is in the service of the ESIC as Staff Nurse from 01.01.2003 and has worked in the ESIC hospitals in Ezhukone and Ashramam in Kollam district. The applicant in O.A.310/2023 had commenced her career as Nursing Officer in Indira Gandhi ESI Hospital, Jhilmil, Delhi on 04.06.2011. Her husband is a Head Constable in Indo-Tibetan Border Police force. She was transferred to ESIC hospital, Ezhukone on 04.03.2014 on spouse ground. She joined there on 19.05.2014 and since then is working in Ezhukone.

2. The subject matter of challenge is Annexure-A1 transfer order dated 03.07.2023 whereunder the applicant in O.A.309/2023 is transferred to ESIC hospital, Rudrapura, Uttarakhand whereas the applicant in O.A.310/2023 is transferred to ESIC hospital, Bhiwadi, Rajasthan. Both of them are aggrieved by the transfer order. Raising their inconveniences and challenging the order they submitted Annexure- A2 representations on 04.07.2023 before the 1^st respondent. However, apprehending that, before consideration of the representations they would be relieved from the posts, they approached the Tribunal on 05.07.2023 seeking to call for the records leading to Annexure-A1 and to set aside the same, to direct the respondents to consider Annexure-A2 representation and to pass a speaking order in the light of the legal and factual contentions raised.

3. According to the applicants, Annexure-A1 was issued untimely. Ordinarily, transfers occur during March in a calendar year. Even though options were called for the general transfer 2023 in December 2022 itself, options given by them were not considered. No transfer was effected in the cadre of Nursing staff in 2023. However, under the impugned order the applicants alone have been transferred with immediate effect as though made in public interest. But no public interest is involved in the matter. Anenxure-A1 is illegal, unjustifiable, unreasonable and violative of all known principles of law and natural justice.

4. According to the applicant in O.A.309/2010, she is 52 years old, suffering from various ailments, her husband is a retired Postal employee, she has to look after her husband's aged mother as well, who is depending on her. There is no justification in transferring her to a remote place, Rudrapura in Uttarakhand, which is 275 kms away from the capital city and 275 kms away from New Delhi. She has language barrier in working in such a remote station. Moreover, working strength of Nursing Staff in Ezhukone is only 19 against sanctioned strength of 24. Therefore, the transfer of the applicant cannot fall under any public interest.

5. According to the applicant in O.A. 310/2023, she was granted transfer from Delhi to Ezhukone on spouse ground since her husband is employed in the Indo-Tibetan Border Police (ITBP), a paramilitary force. She has to take care of her in-laws and her own parents besides the children. She had given birth to a child on 14.05.2022 and had rejoined duty only in January 2023, after availing maternity leave. Bhiwadi in Rajasthan is a strange place for her. It is u