CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No. 390/2025 Reserved on: 09.12.2025 Pronounced on: 05.01.2026 HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

Ajay Kumar Mahan s/o Sh. Hukam Singh, aged 52 years, working as Joint Director at Regional Office, Punjab, Employees State Insurance Corporation (ESIC), Sector-19-A, Chandigarh. (Group-'A' employee)

…Applicant (BY ADVOCATE: Sh. K.B. Sharma)

VERSUS

1. Union of India through its Secretary, Ministry of Labour &

Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.

2. The Director General, Employees State Insurance Corporation Panchdeep Bhawan, Comrade Indrajit Gupta Marg, New Delhi-110002.

3. Insurance Commissioner (P&A), Employees State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajit Gupta Marg, New Delhi-110002.

…Respondents (BY ADVOCATE: Sh. Sanjay Goyal, Sr. CGSC for R-1, Sh. Aseem Rai for R-2-3)

O R D E R(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has preferred instant O.A under Section 19 of the Central Administrative Tribunals Act, 1985 seeking following relief:

(i) That the impugned transfer order dated 04.04.2025 (Annexure A-4) qua applicant be also quashed and set aside as the same is in violation of the transfer policy/guidelines, in the interest of justice.

(ii) That the respondents be directed to allow the applicant to continue at present place of posting, in the interest of justice. Or alternatively, the applicant be posted at nearby Delhi Region, in the interest of justice.

2. Briefly stated facts are that the applicant initially joined service as a Manager/Social Security Officer on 06.10.1998 in Regional Office, Punjab, at Sector, 19-A. Chandigarh. Subsequently he was promoted as Assistant Director on 17.01.2006 and Deputy Director on 17.08.2016. The competent authority i.e. respondent No. 2 vide Office Order dated 14.09.2022 on the recommendations of Transfer Committee, issued Annual General Transfer for the year 2022 in respect of the cadre of the Deputy Director and the applicant was transferred and posted from Regional Office, Haryana i.e. Faridabad to Regional Office, Punjab i.e. at Chandigarh. In pursuance to the aforesaid transfer order, the applicant joined at R.O. Punjab at Chandigarh on 19.12.2022.

3. The respondents issued Office Order no. 195 of 2024 dated

26.12.2024, whereby Deputy Directors were promoted as Joint Director against the vacancy year 2024 in level-12 in the pay Matrix (Rs. 78,800-2,09,200/-) on regular basis on the recommendations of DPC meeting held on 11.09.2024 in UPSC. The aforesaid order is a promotion cum posting order as on the promotion the employees have been given posting. In pursuance to the promotion cum posting order dated 26.12.2024, the applicant joined on the post of Joint Director at R.O. Punjab on 27.12.2024. The respondents vide letter no. File No. A-22/13/A&B/policy/2024-El dated 19.12.2024 issued Transfer/ posting policy of officers (including cadres of Official Language, Engineering and Personal Staff) on the Administrative side of ESI Corporation drawing scale of pay corresponding to Group 'A' and Group 'B' officers of the Central Government. The respondents issued a Circular dated 17.01.2025 on the subject of seeking options for choice stations through online module from officers for annual general transfers for the years 2025, whereby online transfer requests (options for choice station in order of preference) through HRMS module were called for the Transfer year 2025 from the Officer as on 31.03.2025 in terms of the aforesaid transfer policy dated 19.12.2024 for tenure completion transfer and request transfer as per clause 5.2.

of the policy read with clause 4 of the transfer policy.

4. Since the applicant has not completed his normal tenure (three years)

at present place of posting/ station, therefore, he was not due for transfer and he did not submit any application/ choice stations nor the applicant submitted any own request transfer application. Had the applicant completed his tenu