CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1091/2024 M.A. No. 1003/2024 This the 13th day of January, 2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

DR. RAJ PAL, AGED 60 YEARS.

S/O SHRI SOHAN LAL R/O 24-B, SUPRIYA APARTMENTS, A - 4, PASCHIM VIHAR, NEW DELHI PRESENTLY WORKING AS:

ADDITIONAL DIRECTOR (DISPENSARIES) IN ESIC POSTED IN DMD OFFICE, BASAIDARAPUR, ESI HOSPITAL COMPLEX, NEW DELHI …Applicant (By Advocate: Mr. Prateek Dhanda)

Versus

1.EMPLOYEES' STATE INSURANCE CORPORATION, Through its Director General, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi-110 002

2.CHAIRMAN, EMPLOYEES' STATE INSURANCE CORPORATION, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg, New Delhi-110 002.

3.DIRECTORATE (MEDICAL) DELHI, 5th and 6th Floor, Administrative Block, ESIC Hospital Complex, Basaidarapur, New Delhi-110 015 …Respondent (By Advocate : Mr. Rajesh Kumar with Mr. Rahul Kr.

Sharma)

ORDER (ORAL)

Ms. Harvinder Kaur Oberoi, Member (J)

The present Original Application has been filed by the applicant challenging the order of transfer dated 12.01.2023 . Learned counsel for the applicant submits that upon issuance of notice, interim directions were passed by this Tribunal, whereby the applicant was protected.

2. He further submits that as per the rules prevailing in the respondent department, doctors, upon attaining the age of superannuation at 60 years, are entitled to extension of service up to the age of 62 years, and thereafter, their services may be extended for a further period of three years, subject to the condition that they shall not be posted on any administrative post.

3. It is submitted that during the pendency of the Original Application, vide order dated June 2025 office order No. 48/2025 the applicant has been posted elsewhere. Relevant para of the order reads as under:-

“The Competent Authority is pleased to approve the continuation of services of the following Medical Officer beyond the age of 62 years, as per the applicable rules and instructions:

The aforesaid medical officer shall not be assigned any administrative work or additional administrative charges other than clinical and patient care duties on attaining the age of 62 years.

The above-mentioned Medical officer will be posted at the present place of posting till further orders.

Joining report must be submitted to all the concerned officers.”

4. Consequently, the Original Application itself has been rendered infructuous, and the applicant does not wish to press the same as on date. Learned counsel appearing for the respondents submits that the impugned order has been passed in view of subsequent developments/policy for Transfer/posting of Medical Officers dated 16/17.12.2024 issue by the Employees State Insurance Corporation No. A-22/1/2022-MED-VI and that the earlier transfer policy has since been superseded.

5. Considering the submissions made by learned counsel for both sides, the Original Application is disposed of as having been rendered infructuous. All pending MA’s also stands disposed of.

(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)

Member (A) Member (J)

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