Telangana High Court
Chaithanya Veeragandham vs Union Of India on 11 November, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.31461 OF 2024
ORDER:
(Per the Hon'ble Sri Justice Abhinand Kumar Shavili) This Writ Petition is filed aggrieved by the order passed by the Central Administrative Tribunal, Hyderabad Bench (for short 'Tribunal') in not granting interim protection to the petitioners in respect of transfers in O.A., which is yet to be numbered by the Tribunal.
2. Heard Sri Vijay Gopal, learned counsel for the petitioners and Sri G.Venkateswarlu, learned Standing Counsel for ESIC appearing for the respondents.
3. It has been contended by the petitioners that they were appointed as Pharmacists in Group-C category during the year 2019. The grievance of the petitioners is that without following transfer guidelines and also not seeking to the transfer schedule, the respondents have issued transfer orders transferring petitioner No.1 from MCH Sanathnagar to DCBO, Sirpur Kagaznagar and petitioner No.2 from MCH Sanathnagar to DCBO Ramagundam, vide proceedings dated 20.06.2024. As per the transfer policy, if anybody is having any grievance, they are entitled to submit their 2 AKS,J & LNA,J W.P.No.31461 of 2024 objections to the Grievance Committee, consisting of Regional Director as a Chairperson, Deputy Director/Assistant Director and Senior most members of Regional Office concerned. Accordingly, on 24.06.2024, the petitioners have submitted their objections to the Grievance Committee with regard to the transfer order dated 20.06.2024, however, the Grievance Committee has not passed any orders for nearly two months. In those set of circumstances, petitioner No.1 had to approach the Tribunal by filing O.A.No.989 of 2024 and the Tribunal was pleased to disposed of the O.A., vide proceedings dated 20.08.2024 and directed the respondents to dispose of the representation submitted by the petitioners dated 24.06.2024 without going into merits of the case.
4. Learned counsel for the petitioners had contended that the Grievance Committee has rejected the case of the petitioners vide proceedings dated 18.07.2024, by back dating the said rejection orders, and after disposal of the said O.A. by the Tribunal on 20.08.2024, the Grievance Committee has rejected cases of the petitioners vide proceedings dated 25.10.2024. Learned counsel for the petitioners had further contended that after rejecting the case of the petitioners, the respondents have issued fresh transfer 3 AKS,J & LNA,J W.P.No.31461 of 2024 orders on 28.10.2024 without appreciating any of the contentions raised by the petitioners.
5. Further, learned counsel for the petitioners had contended that there are several senior Pharmacist Officers working at Sanathnagar and the persons, who have been working for more than 17 years, were detained at Hyderabad and they are being continued at Hyderabad only. Leaving out the long standing Pharmacists, the respondents have picked and chose only the petitioners for effecting transfer to Sirpur Kagaznagar and Ramagundam. He further contended that the Tribunal had allowed the miscellaneous applications permitting both the petitioners to file single O.A., however, declined to grant any interim protection.
6. Learned counsel for the petitioners had relied upon the judgment of the Kerala High Court, Ernakulam Bench, in O.P.(CAT).No.140 of 2024, dated 17.10.2024, wherein Kerala High Court had restored the interim order granted by the CAT till disposal of main O.A. Therefore, whenever there is violation of transfer policy and when the transfers are effected without adhering to the time lines fixed in the transfer policy, then that transfer orders are liable to be set aside. This fact was not 4 AKS,J & LNA,J W.P.No.31461 of 2024 properly appreciated by the Tribunal and the Tribunal has declined to exercise its discretionary power, which is affecting the petitioners. If no interim protection is given to the petitioners, the purpose of filing O.A., before the Tribunal would be defeated. Therefore, learned counsel prays this Court to pass appropriate orders in the present Writ Petition by suspending the transfer orders dated 28.10.2024, till disposal of O.A. by the Tribunal.
7. Learned Standing Counsel for the respondents had contended that before effecting transfer orders, the respondents have displayed the transfer policy guidelines in the online as well as affixed on the Circular Board inviting options. Admittedly, the petitioners have not exercised any option, whereas others have exercised their options. He further contended that in all five options, given to all the Pharmacists, the petitioners have declined to exercise the option. Therefore, the respondents had no other option except to effect the transfers. The representation submitted by the petitioners to the Grievance Committee was also considered and the same was rejected vide proceedings dated 18.07.2024. Further, the cases of the petitioners were once again considered in pursuance to the orders passed in O.A.No.989 of 2024, dated 20.08.2024 and the same were once again rejected by the 5 AKS,J & LNA,J W.P.No.31461 of 2024 respondents vide orders dated 25.10.2024 and thereafter only transfers were effected vide order dated 28.10.2024. The persons, who are transferred from MCH Sanathnagar to Sirpur Kagaznagar and Ramagundam, have already joined at Sirpur Kagaznagar in the place of the petitioners. Therefore, the Tribunal was justified in not granting any interim relief to the petitioners. If the petitioners succeeded in O.A., they can always come back to Hyderabad. Therefore, there are no merits in the Writ Petition and it is liable to be dismissed.
8. This Court, having considering rival submissions made by learned counsel appearing for both the parties, is of the considered view that the petitioners have challenged the transfer orders dated 28.10.2024 before the Tribunal. As admittedly, the persons, who were posted in the places of the petitioners, have already reported and working at Sanathnagar, therefore, this Court is not inclined to interfere with the case, however, the transfers of the petitioners from MCH Sanathnagar to Sirpur Kagaznagar and Ramagundam, will be subject to result of the O.A., which is pending before the Tribunal. The Tribunal shall dispose of the O.A., preferred by the petitioners without being influenced by any of the observations made by this Court. 6
AKS,J & LNA,J W.P.No.31461 of 2024
9. With the above observations, this Writ Petition is disposed of. Since it is a transfer case, the Tribunal is requested to dispose of the O.A., as expeditiously as possible. Further, the respondents are directed to file counter before the Tribunal within a period of two weeks from today. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
________________________________ ABHINAND KUMAR SHAVILI, J ___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 11.11.2024 Dua