CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00126/2025 DATED THIS THE 3^RD DAY OF DECEMBER, 2025 HON’BLE MRS. JUSTICE S. SUJATHA ...MEMBER(J) HON’BLE DR.SANJIV KUMAR ...MEMBER(A)

1. Shri Nagarajappa H., S/o Shri Hanumanthappa, Aged about 44 years, Working as Upper Division Clerk, ESIC MC PGIMSR & MH, Rajajinagar, Bengaluru-560010, And Residing at No.27, 10^th Main, Shivanagar, Bengaluru-560010. ….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, ESIC MC PGIMSR & MH, 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, and 20.11.2024 respectively, vide Annexures-A3 and Annexure- A6, 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.23 vide Annexure-A3.

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-

A6.

c. 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 MC PGIMSR & MH, Rajajinagar, Bengaluru-10.

d. 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 Nursing Orderly on 30.06.2010. In the year 2018 on successful in the LDCE, the applicant was selected and promoted as Lower Division Clerk (LDC) on 01.01.2019 and subsequently he was promoted to the post of Upper Division Clerk (UDC) on 01.01.2022 posted to ESIC MC PGIMSR & MH, Rajajinagar, Bengaluru. During the transfer year 2024, the applicant was transferred from ESIC MC PGIMSR & MH, Rajajinagar, Bengaluru to Sub Regional Office, Hubballi vide order dated 16.07.2024 (Sl. No.23). The applicant submitted a representation dated 27.07.2024 to the Transfer Grievance Redressal Committee through proper channel seeking cancellation of his transfer to Hubballi. The Transfer Grievance Redressal Committee recommended for retention of the applicant due to genuine medical reasons stated subject to administrative feasibility. But the same was not acted upon, on the contrary the applicant was ordered to be relieved with effect from 31.03.2025, if not already relieved, from the present place of posting vide order dated 20.11.2024, without taking into consideration the representation submitted by the applicant. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri Ramachandra B., representing the applicant would submit that the applica