O R D E R

The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“i. Set aside the Transfer Order dated 31-05-2025 issued by the respondents whereby the applicant have been transferred from ESIC Model Hospital Bari Brahmana to Medical College Ludhiana in violation of the Transfer Policy dated 16-12-2024;

ii. Direct the respondents not to disturb the applicant from present place of posting i.e. Medical Vigilance Officer, Regional Office Jammu till the applicant completes the tenure of at least 03 years in the said in tune with the transfer policy dated 16-12-2024;

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.”

2. Through the medium of instant OA, the applicant is seeking the relief of quashing the transfer order dated 31.05.2025 whereby the applicant has been transferred from ESIC Model Hospital, Bari Brahmana to ESIC Medical College, Ludhiana, and for a direction to the respondents not to disturb her from her present place of posting as Medical Vigilance Officer (MVO), Regional Office Jammu, till completion of the prescribed tenure in terms of the Transfer Policy dated 16.12.2024, along with any other appropriate relief.

3. The applicant was appointed as a Medical Officer in the Employees’ State Insurance Corporation (ESIC) in the year 2010 and has since served in different capacities within the Jammu Division. Initially, she was posted at ESIC Model Hospital, Bari Brahmana and thereafter transferred to MDDC Kathua, where she served for more than six years. Subsequently, she was again transferred to ESIC Model Hospital, Bari Brahmana in the year 2019.

4. While serving at Bari Brahmana, the applicant was granted study leave vide order dated 09.05.2022 for pursuing post-graduation in Anatomy at Government Medical College, Jammu for the period from 26.03.2022 to 25.03.2025. During the subsistence of the said study leave, she was transferred and posted as Medical Vigilance Officer (MVO), Regional Office Jammu, vide order dated 01.03.2024.

5. After completion of her study leave, the applicant was relieved on 27.03.2025 and joined as MVO at Regional Office Jammu on the same day. It is the case of the applicant that the post of MVO is an administrative and sensitive post, for which the Transfer Policy dated 16.12.2024 issued vide Order No. A-22/1/2022-Med-VI prescribes a tenure of up to three years.

6. However, within a period of approximately two months from her joining, the applicant was transferred vide impugned order dated 31.05.2025 to ESIC Medical College, Ludhiana. The applicant has challenged the said order primarily on the ground that it is contrary to the Transfer Policy and reflects non-application of mind, inasmuch as her present posting has been incorrectly described and her case has been treated under clinical postings.

7. The respondents have contested the OA and submitted that the application is not maintainable and is liable to be dismissed. It is contended that transfer is an incidence of service and the applicant has no vested right to remain posted at a particular place.

8. It is further submitted that the impugned transfer has been made in administrative exigency and public interest, and in accordance with the recommendations of the competent authority under the applicable transfer policy. The respondents have emphasized that ESIC is a statutory body entrusted with providing medical services and social security, and the transfer policy is designed to ensure optimal deployment of medical professionals across institutions.

9. The respondents have also relied upon various judicial pronouncements to contend that courts and tribunals should not ordinarily interfere in transfer matters unless the order is vitiated by mala fide or violation of statutory provisions. Some of the judgments relief upon are as follo