CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00896 of 2024 DATED TUESDAY, THE 2^ND DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

S. Murugeswari, Medical Record Assistant, E3, ESIC Quarters, K.K Nagar, Chennai - 600 078.

..........Applicant (Advocate: M/s. TVJ Associates )

-Versus-

1. Union of India, By its Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001;

2. Employees State Insurance Corporation, By its Director General, Panchdeep Bhawan, C.I.G Marg, New Delhi-110002;

3. ESIC Hospital, By its Regional Director, No.143, Sterling Road, Chennai-600 034. …..Respondents (Advocate: Mr. C.V. Ramachandra Murthy)

CAV ON : 06.08.2025

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

In this Original Application, the applicant is challenging the transfer order issued by the 3^rd Respondent ESIC Hospital vide Office Order dated 06.06.2024, and the consequential relieving order issued vide Office Order dated 12.07.2024, in so far as it relates to the applicant.

2. The ground of challenge is that applicant is working as Medical Record Assistant in the ESIC Hospital, K.K Nagar, Chennai from June 2014 and has not completed maximum term of 9 years required for being considered under Annual General Transfer. The applicant's husband is working as Lab Technician in Public Health Department under the State Government of Tamil Nadu and the posting of husband and wife in the same station as provided in DoP&T's OM dated 30/09/2009 has not been considered. Further, the applicant has two school going children studying in 2^nd and 5^th Standard. The applicant is also suffering from Chronic Kidney disease Stage 3 and requires regular treatment to avoid worsening of kidney function and Dialysis. However, without considering any of the requests made by the applicant in this regard, the respondent, by order dated 06.06.2024, has transferred her to ESIC Hospital, Tirupur which is a new hospital. The Competent authority has also issued the relieving order dated 12.07.2024. Being aggrieved, the applicant has filed this OA seeking to set aside the impugned transfer order and the consequential relieve order.

3. We have heard Mr. Srinivasa Mohan of M/s. TVJ Associates, the learned counsel for the applicant and Mr. C V Ramachandra Murthy, the learned counsel for the respondents and perused the records.

4. The learned counsel for the applicant has argued that as per the transfer policy, the Annual General Transfer order is to be issued by 25^th of February, and the grievances raised thereafter is to be disposed of by 25^th of March, but in this case, the transfer order is issued on 06/06/2024, after the academic year had started and the school fees have been paid in full. The action of the 3^rd respondent is erroneous since the transfer order is passed without considering its own policy on the timeline, on accommodating staff who have spouse working in the same place, and on the medical grounds. The Grievance Committee also failed to consider the grievances raised by the applicant and without referring her case to Medical Board, rejected the same stating that her health issue is not covered under the list of medical ailments for the purpose of retention issued by the Ministry of Health and Family Welfare, Government of India. The grievance committee also failed to consider her grievances. While respondent had considered "spouse ground" and had retained many other staff as is evident from the transfer recommendation, the same is not considered in her case. Therefore, the learned counsel urged that the action of respondents in transferring the applicant, despite applicant's request to retain her on the ground of 3 of 22 spouse working in State Government and on her health grounds, is arbitrary and in contravention of its own transfer policy, DoP&T instructions and Art. 14 of the Constitution.

5. Learned counsel for the respondents submitted that ESI Corporation (Head Quarters Off