CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00125/2025 DATED THIS THE 3^RD DAY OF DECEMBER, 2025 HON’BLE MRS. JUSTICE S. SUJATHA ...MEMBER(J) HON’BLE DR.SANJIV KUMAR ...MEMBER(A)

Smt. H.Jayanthi Rani, W/o Sabastian Rajesh, Aged about 42 years, Working as Assistant, Employees State Insurance Corporation, MCPGIMSR & Model Hospital, Rajajinagar, Bangalore-560010. Residing at No.98, 1^st Main 1^st Cross, Anjinappa Layout, Kothanur, Bengaluru-560077. ….Applicant (By Advocate, Shri Ramachandra B.)

Vs.

1. The Union of India, Represented by its Secretary, Ministry of Labour and Employment, No.2, Rafi Marg, New Delhi -110001.

2. The Director General, Employees State Insurance Corporation, Panchadeep Bhavan, CIG Marg, New Delhi -110002.

3. The Regional Director, Employees’ State Insurance Corporation, Regional Office, Binny Pet, Bengaluru-560023.

4. The Dean, Employees’ State Insurance Corporation, PGIMSR & Model Hospital, Rajajinagar, Bengaluru-560010. ...Respondents (By Advocate, Shri H.R.Sreedhara)

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:

“WHEREFORE, the Applicant humbly prays that this Hon'ble Tribunal may be pleased call for the entire records pertaining to the impugned orders dated 16.07.2024, 20.11.2024 and 19.02.2025 respectively, vide Annexures-A2, Annexure-A5 and Annexure-A7, peruse and declare that the same is arbitrary, illegal, unjust suffers out of arbitrariness, non-application of mind and that the same is violative of not only of Transfer Policy of Non-Medical Staff of ESIC but also to Articles 14 and 16 of the Constitution of India.

As a consequence there of, a. Issue a writ of certiorari or any appropriate order or direction to quash the bearing No.53.A.22.25.03.2023.Estt. 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.4 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 direction, directing the Respondents to retain the Applicant in the present place i.e., ESIC Medical College PGIMSR & Model Hospital, Rajajinagar, Bengaluru-10.

e. And pass such other order/orders 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 as narrated by the applicant are that the applicant entered into the services of Employees State Insurance Corporation (ESIC for short) as a Lower Division Clerk (LDC) on 12.06.2008 and got promotions, as of now she is working as Assistant in the ESIC, MC PGIMSR & MH, Rajajinagar, Bengaluru. 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 namely (1) DCBO, Chikkabballapura, (2) Branch Office, Bommasandra (3) Branch Office, Tumkur (4) SRO-Mysore (5) Branch Office, Nanjanagud, Mysore. Ignoring her request for choice of place, the Respondent No.3 issued an office order dated 16.07.2024 by which the applicant (Sl. No.4) was transferred from ESIC, MC PGIMSR & MH, Rajajinagar, Bangalaore to ESIC, Medical College, Kalaburagi. On receipt of the said transfer order, the applicant submitted a representation through proper channel on 26.07.2024 to the Transfer Grievance Redressal Committee. The Transfer Grievance Redr