CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00898 of 2024 DATED TUESDAY, THE 2^ND DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE CORAM :

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

1. P. Loganathan, Plaster Assistant (put on hold)

F2/, ESIC Staff Quarters, KK Nagar, Chennai-78; 2. N. Govindarajan, Lab Assistant (put on hold) A3/3, ESIC Staff Quarters, KK Nagar, Chennai-78;

3. V. Saravanan, Lab Assistant (put on hold)

E1, ESIC Staff Quarters, KK Nagar, Chennai-78. .........Applicants (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 applicants are 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 applicants.

2. The ground of challenge is that the applicants were working as Nursing Orderlies. The 1^st applicant was promoted as Plaster Assistant vide office order dated 26.12.2022. The 2^nd and 3^rd applicants were promoted as Lab Assistants vide office order dated 26.12.2022. However, the said promotion orders were kept on hold as per Orissa High Court order. Though there is no case relating to the 1^st applicant, however, in view of the court order pertaining to his seniors, including Applicants 2 & 3, his promotion is also put on hold. However, pursuant to promotion order, all applicants had assumed charge and worked in the promoted post till it was put on hold. During Annual General Transfer 2023, the Transfer Committee had decided to seek clarification from HQ on considering the promoted orderlies in the present cadre and therefore, these Nursing Orderlies were not dealt with. However, without receiving any clarification from HQ, the 3^rd Respondent has transferred the applicants to Tirunelveli claiming it to be Annual General Transfer.

3. It is stated that the 1^st applicant gave a request for retention stating that his promotion is put on hold and the clarification is awaited from HQ, that he has school going child studying in UKG and school fees of Rs.26,000/- has already been paid and that he must maintain his aged mother who has undergone knee surgery. The 2^nd applicant requested for retention stating that his promotion is put on hold and the clarification is awaited from HQ and also on medical condition. The 3^rd applicant also made similar request. Both 2^nd and 3^rd respondents are Ex-Servicemen who have served in the Indian Army. However, without considering the requests made by the applicants, the respondent, by order dated 06.06.2024, has transferred them to ESIC Hospital, Tirunelveli. The Competent authority has also issued the relieving order dated 12.07.2024. Being aggrieved, the applicants have filed this OA seeking to set aside the impugned transfer order and the consequential relieve order.

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

5. The learned counsel for the applicants 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. He further submitted that the applicants have already been promoted as Plaster Assistant/Lab Assistant. Though their promotion has been put in hold, i