A competent authority must consider and decide upon a representation filed by an employee against a transfer order before relieving the employee from their current post.

O R D E R (ORAL)

Per: Hon’ble Mr. Anindo Majumdar, Administrative Member

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):

(a) An order do issue restraining thereby the respondent authorities from taking any action, particularly transferring and releasing the applicant from her present place of posting following the Transfer Order being Order No. 91 Year 2026, vide File No. A 22012/39/2022-MED-VI, Dated 16.07.2026, wherein she has been transferred from her present place of posting at Joka, ESIC to ESI MCH Ranchi.

(b) An order do issue directing thereby the concerned respondent authorities not to transfer the applicant out of Joka ESIC, in the mid-session of the academic year of her children.

(c) An order do issue directing thereby the concerned respondent authorities to consider the representation of the applicant by taking wholesome view on the status of the applicant, regarding her present place of posting as well as the duties & responsibilities she has to cater towards the institution.

(d) An order do issue directing the concerned respondent authorities to transmit all the records before this Hon'ble Tribunal in the ends of justice so that any adverse order/orders may be judicially reviewed and quashed by This Hon'ble Tribunal which affects the entitlement of the applicant.

(e) Any other appropriate order/orders direction/directions as this Hon'ble Tribunal may deem fit and proper to protect the right of the applicants.

2. Heard Ld. Counsel for both sides.

3. Ld. Counsel for the applicant files affidavit of service, which is taken on record.

4. Ld. Counsel for the respondents filed memo of appearance, which is taken on record.

5. Ld. Counsel for the applicant submits that the applicant has been transferred vide order dated 16.07.2026 to ESIC MCH, Alwar (Annexure-A/1). He submits that the applicant had preferred a representation dated 17.07.2026 to the Director General, ESIC Head Quarters, New Delhi (Annexure-A/2). He further submits that it has been brought to his notice that even before the representation of the applicant had been considered by competent authority she had been relieved from her present post vide order dated 23.07.2026. He places a copy of the said order, which is taken on record.

6. Ld. Counsel for the respondents submits that the instant OA has become infructuous since the applicant has already been relieved from post held by her vide order dated 23.07.2026.

7. I have perused the representation of the applicant dated 17.07.2026 praying for cancellation for the impugned order dated 16.07.2026 and the order dated 23.07.2026. I find that the order dated 23.0.2026 does not state that the applicant has been relieved from her present post after consideration of her representation dated 17.07.2026 against the impugned transfer order.

8. I am of the opinion that the competent respondent authority ought to have taken a decision on the representation dated 17.07.2026 preferred by the applicant after considering the grounds cited by her before ordering that she be relieved from the post held by her at ESIC MCH Joka, Kolkata.

The Director General, ESIC Head Quarters, New Delhi, is directed to take a decision on the representation of the applicant dated 17.07.2026 and to communicate the decision so taken to the applicant by a reasoned and speaking order within 15 days of receipt of a certified copy of this order. It is further directed that the applicant will continue to hold the post held by her at ESIC MCH Joka, Kolkata till the disposal of her representation dated 17.07.2026.

9. With the above directions the OA is disposed of. No order as to costs.