CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A.No. 060/588/2025 Pronounced on : 18.12.2025 (Reserved on : 11.12.2025)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

Kulvir Mahi S/o Sh. Manjeet Raj, aged 36 years, working as Assistant at Sub Regional Office, Employees State Insurance Corporation (ESIC), Ludhiana, Punjab.

...Applicant (Advocate: Sh. Kshitiz Goel)

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. Director, Regional Office, Punjab, Employees State Insurance Corporation (ESIC), Sector 19A, Chandigarh-160019.

…Respondent(s)

(Advocate: Sh. K.K. Thakur)

O R D E R HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985, whereby, the applicant has sought for the following relief:

a) This Tribunal may graciously be pleased to call for the records of the case from the respondents.

b) The impugned transfer order dated 30.05.2025 (Annexure A/6) qua applicant be quashed and set aside as the same is in violation of the transfer policy/guidelines, in the interest of justice.

c) The respondents be directed to modify the transfer orders of the applicant by posting him at one of his 10 choice/preference stations submitted by the applicant as per the transfer policy in the interest of justice.

Or Alternatively, the respondents be directed to consider and decide the pending representation dated 01.06.2025 (Annexure A/8) of the applicant, sympathetically whereby the applicant has requested for modification of his transfer orders to his one of his choice station in view of the medical condition of his father, in the interest of justice.

d) The action of the respondents in not posting the applicant at one of his choice station be declared illegal, arbitrary and discriminatory.

e) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicant are held entitled to may also kindly be issued in favour of the applicant.

d) Costs of the application be awarded to the applicant.”

2. The applicant in its OA has submitted the following:-

i) The applicant initially joined service as a Upper Divisional Clerk (UDC) on 29.12.2017 at present place of posting. After a lot of correspondence and RTI Applications, the applicant was promoted as Assistant on 25.8.2022 and he has been working as such at present place of posting. The work and conduct of the applicant has remained upto mark and nothing adverse has ever been communicated to him during his entire service.

ii) It is submitted by the applicant that the father of the applicant is a Heart patient and has already undergone Bypass Surgery in the year 2013 at PGIMER, Chandigarh and at present his heart is 20% working and he is undergoing treatment. He has also suffered from multiple Infracts (Dead tissue in Brain) and because of that the father of the applicant has lost his ability to speak and understand and he is totally dependent upon the applicant being sole son. Sometimes he needs immediate care in the middle of night as he falls unconscious sometime. The mother of the applicant is suffering from Asthma for last 40 years and she is also suffering from other ailments. The wife of the applicant is a Teacher at KC Public School in the City of Nawanshahar. The applicant has one minor child of 10 months and parents as well as wife of the applicant are residing at Nawanshahar. Copy of the Medical Reports of the father of the applicant are annexed as Annexure A/1.

iii) Keeping in view of the medical condition of the father of the applicant, he submitted a representation to the respondents on 24.8.2023 (Annexure A/2) and requested the respondents to consider his request for posting at Branch Office, Nawanshahar. The application of the applicant was forwarded to the respondent no.3