Judicial discipline mandates consistency in tribunal decisions, particularly regarding transfer policies, allowing for reconsideration under new guidelines without merits adjudication.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

Since all the Original Application(s) are connected and involve an identical issue, they are being disposed of by this common order.

2. At the outset, learned counsel for the respondents draws our attention to the decision rendered in O.A. No. 3761/2023 , decided on 31.10.2025. The relevant portion thereof is reproduced as under:

“Since all the Original Application(s) are connected and involve an identical issue, they are being disposed of by this common order.

2. In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant seeks the following reliefs:–

“(i) Issue an appropriate direction or order quashing the Office Order dated 10.11.2023 issued by Respondent No. 1 insofar as the applicant is concerned;

(ii) Issue an appropriate direction or order quashing the Transfer Order dated 20.05.2023 issued by Respondent No. 1 insofar as the applicant is concerned;

(iii) Issue an appropriate direction or order quashing Para 8.1 of the Memorandum titled ‘Transfer/Posting Policy for Clinical Postings of Doctors in ESIC Corporation’ dated 20.06.2022, as being manifestly arbitrary, unconstitutional and violative of Part III of the Constitution of India;

(iii–a) Issue an appropriate direction or order quashing the Order dated 05.12.2023 (received on 08.12.2023) issued by Respondent No. 1;

(iv) Pass any further order or direction as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

3. Learned counsel for the applicant seeks urgent interim relief in terms of paragraph 9 of the O.A.

4. During the course of hearing, learned counsel for the applicant draws our attention to the decision rendered by the Hon’ble Bangalore Bench of this Tribunal in O.A. No. 170/00548/2023 titled Dr. Manjula M vs. Union of India & Ors., decided on 23.06.2025, which was subsequently followed in O.A. No. 170/00676/2023 decided on the same date.

5. The relevant portion of the order dated 23.06.2025 passed in O.A. No. 170/00548/2023 (Bangalore Bench) reads as under:

“9. Hence, without going into the merits or demerits of the impugned Transfer Policy/transfer order as far as the applicant is concerned, we pass the following:

:ORDER:

1) The impugned transfer order dated 20.05.2023 issued by the 2nd respondent at Annexure-A3 is set aside insofar as the applicant is concerned.

2) Respondents shall reconsider the case of the applicant under the new Transfer Policy dated 16/17.12.2024 issued by the 2nd respondent.

3) Till a decision is taken in this regard in terms of the new policy, applicant shall not be disturbed. In other words, status quo shall be maintained by both the parties till a decision is taken in accordance with law.

4) With the aforesaid observations and directions, OA stands disposed of.

No order as to costs.”

6. Opposing the grant of reliefs, learned counsel for the respondents reiterates the averments made in the counter affidavit and, on instructions, submits that a new Transfer/Posting Policy is under finalization and that the online portal for submission of transfer requests is likely to be opened in December 2025. It is submitted that the applicant may apply therein, and his/her case shall be considered in accordance with the provisions of the new policy. He further prays that the impugned orders passed in the present matter may not be set aside at this stage.

7. In view of the aforesaid submissions, and without prejudice to the rights and contentions of either party and subject to any appeal pending in the case of Dr. Manjula M. (supra), the present O.A. is disposed of in terms of para 9 of the aforesaid order dated 23.06.2025.