CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00128/2025 DATED THIS THE 03^RD DAY OF DECEMBER, 2025 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

Smt. C.Manjula W/o Somasunder V Aged about 44 years, Working as Assistant, Employees State Insurance Corporation Peenya Hospital, Peenya Bengaluru 560 022 And residing at MF-36/7, 1^st Floor, ESIC Staff Quarters

2^nd Cross, Nandini Layout, Bengaluru 560 096 .... Applicant (By Shri B. Ramachandra, Advocate – through video conference)

Vs.

1. The Union of India, Represented by its Secretary Ministry of Labour and Employment, No. 2, Rafi Marg, New Delhi 110 001.

2. The Director General Employees State Insurance Corporation Panchadeep Bhavan, CIG Marg, New Delhi 110 002

3. The Regional Director Employees’ State Insurance Corporation Regional Office, Binny Pet, Bengaluru 560 023

4. The Medical Superintendent Employees’ State Insurance Corporation Hospital, Peenya, Bengaluru 560 022 .… Respondents (By Shri H.R. Sreedhara, ACGSC)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“a. Issue a writ of certiorari or any appropriate order or direction to quash the bearing No. 53.A.22.25.03.2023.Esst/Office Order No. 297/2024 dated 16.07.2024 issued by Respondent No. 3 in so far as it relates to the applicant at Serial No. 2 vide Annexure-A2.

b. Issue a writ of certiorari or any appropriate order or direction to quash the order bearing No. 53.A.22.25.03.2023.Esst/Office Order No. 493/2024 dated

20.11.2024 issued by Respondent No. 3 vide Annexure-A5.

c. Issue a writ of certiorari or any appropriate order or direction to quash the order bearing No. 53.A.22.25.03.2023.Esst dated 19.02.2025 issued by Respondent No. 3 vide Annexure-A7.

d. Issue a writ of mandamus or any other appropriate order or direction, directing the respondents to retain the applicant in the present place that is in the Office of ESIC, Peenya Hospital, Bengaluru.

e. And pass such other order as this Hon’ble Tribunal deems fit and proper to grant in the facts and circumstances of the case including the cost of this Petition, in the interest of justice and equity.”

2. The facts in brief are that the applicant entered into services of the Employees State Insurance Corporation (ESIC) as Lower Division Clerk on 19.02.2008. Subsequent to getting promotions, now she is working as an Assistant in ESIC, Peenya Hospital, Bangalore. The Respondent No. 2 issued a Transfer Policy dated 20.05.2022 with the approval of the 1^st respondent with respect to transfer/posting of the officials who are working as non-medical staffs within the region of the Corporation. For the transfer year 2024, the name of the applicant was shown in the portal under Tenure Completion Transfers. In response to the same, the applicant submitted her online application indicating five stations of her choice in the order of preference, viz., 1) Branch Office, KGF, 2) Sub Regional Office, Mysore, 3) Sub Regional Office, Peenya, 4) Model Hospital, Rajajinagar (Medical College, Rajajinagar), 5) Branch Office, Malleshwaram. However, she has been transferred from ESIC Hospital, Peenya to ESIC Medical College, Kalaburgi vide Office Order dated 16.07.2024 impugned, wherein her name finds place at Sl. No. 2. Subsequent to which, the applicant submitted a representation through proper channel to the Transfer Grievance Redressal Committee. The Grievance Committee after considering the representation, recommended her case for Medical Board to provide assessment on medical issues stated in her representation and further recommended for retention in the present station upto the end of academic year or till 31.03.2025, whichever is earlier. Accordingly, the Respondent No. 3 issued an Office Order dated 20.11.2024 by which all the officials who were recommended for retention by the Transfer G