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2025 Supreme(Online)(CAT) 13793
CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Member(J)
Krishna K S – Appellant
Versus
Employees State Insurance Corporation (esic) – Respondent
Original Application | OA No. 333/2022
For the Appellants/Petitioners: Sri. Raghavendra G. Gayatri
For the Respondents: Shri H.R.Sreedhara
Transfer policies must be challenged through specific transfer orders; a general challenge is premature.
Headnote:The judgment concerns the legality of transfer policies affecting Group-B officers under the Employees State Insurance Corporation, specifically challenging the circulars dated December 24, 2022, and December 17, 2024. The court finds the claims of the applicants without merit due to the absence of direct challenge to specific transfer orders. In its ratio decidendi, the court emphasizes that valid transfer orders are necessary to invoke judicial scrutiny of transfer policies. Finally, the application is dismissed as devoid of merit.
| Table of Content |
|---|
| 1. application concerning the validity of transfer policy. (Para 1 , 2) |
| 2. arguments about the implications of transfer policies and their administration. (Para 3 , 4 , 5) |
| 3. judicial scrutiny is contingent on issued transfer orders. (Para 6 , 7 , 8) |
| 4. legal requirements must conform to statutory mandates for validity. (Para 9 , 10) |
| 5. final ruling based on lack of merit in justification. (Para 11 , 12) |
ORDER (ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicants have filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“a. Issue a writ of certiorari or any other appropriate writ order or direction, quashing the impugned communication bearing No. Z-11/11/1/Misc/2021-Med. VI/148320/2022 dated 24.12.2022, issued by the third respondent (vide ANNEXURE-A20) in so far as it relates to Clause-3 and Clause-4.2 provided for transfer of Group-B Officers who have completed their tenure of 9 years and the impugned Circular bearing No. Circular No. Z-11/11/1/Misc/2021- Med. VI(efile-688) dated Nil.10.2023 issued by the 4th Respondent (vide ANNEXURE-A22) effecting the transfer from one region to another region, as the same are highly arbitrary, illegal, irrational and unreasonable;
b. Issue writ of mandamus or any other appropriate writ order or direction, directing the Respondents not to seek option Indicating choice stations for inter region transfer/posting for the year 2024 through on-line model from Group-B Nursing Officers and declare the same as illegal, arbitrary and violative of and Articles 14 and 16 of the Constitution of India, in the interest of Justice; Alternatively, the Applicants seek for a mandamus or direction directing the Respondents to consider their transfer within the region as existed earlier.
c. Pass such other order/orders as this Honorable court deems fit to pass in the interest of Justice;
Amended Prayer as per the order dated 26.3.2025.
d. Issue a writ of certiorari or any other appropriate writ order or direction, quashing the impugned communication bearing No.Z-11011/9/2024-MED-VI dated nil.12.2024, issued by the 3rd respondent (vide ANNEXURE- A42) in so far as it relates to the issuance of transfer policy for prescribing the All India transfer of Group-B officers who have completed the tenure of 10 years and the Applicants may be permitted to amend the said prayer in the Original Application.
e. Issue writ of mandamus or any other appropriate writ order or direction, directing the Respondents not to seek option Indicating choice stations for inter region transfer/posting for the year 2025 through on-line model from Group-B Nursing Officers and declare the same as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, in the interest of Justice. Alternatively, the Applicants seek for a mandamus or direction directing the Respondents to consider their transfer within the region as existed earlier.”
2. Originally this OA was filed by 125 applicants joining together challenging the Transfer Policy dated 24.12.2022 in so far as it relates to Clauses-3 and 4 provided for transfer of Group-B officers, who have completed their tenure of 9 years and the impugned Circular dated nil.10.2023 (Annexure A22) effecting the transfer from one Region to another Region inter alia seeking a direction to the respondents not to seek option indicating choice stations for inter-Region transfer/posting for the year 2024 through online model from Group ‘B’ Nursing Officers. 7 applicants have withdrawn their cases. By way of an amendment, an additional relief has been sought inasmuch as challenging the Transfer Policy dated 17.12.2024 issued by the 3rd Respondent (Annexure A42) insofar as it relates to issuance of Transfer Policy for prescribing the all India transfer of Group ‘B’ officers, who have completed the tenure of 9 years, inter alia seeking a direction to the respondents not to seek option indicating choice sta
