Gujarat High Court
Employees State Insurance Corporation vs Gaurav Zalavadia S/O Mohanlal ... on 7 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/16734/2024 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16734 of 2024
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EMPLOYEES STATE INSURANCE CORPORATION & ORS.
Versus
GAURAV ZALAVADIA S/O MOHANLAL ZALAVADIA
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Appearance:
MR SACHIN D VASAVADA(3342) for the Petitioner(s) No. 1,2,3,4
MS.HIMANSHI BALODI FOR MS PREETI R DIXIT(11328) for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 07/08/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. Having heard the learned counsels for the parties and
perused the record, pertinent is to note that the only ground
on which the transfer order dated 20.05.2023 has been set
aside by the Tribunal (Central Administrative Tribunal) is that
the same is in violation of DOPT Guidelines laid down by the
Office Memorandum dated 24.11.2022, which requires
posting of spouses at / near to the posting station of each
other in case one of the spouses is in Central Government
service and the other is in State Government, subject to
availability of vacancies.
2. Pertinent is to note that the impugned transfer order
dated 20.05.2023 was a mass transfer of 500 Doctors ESI
Corporation, after a transfer / posting policy for clinical
NEUTRAL CITATION
C/SCA/16734/2024 ORDER DATED: 07/08/2025
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posting of doctors in ESI Corporation was promulgated on
20.06.2022. When the respondent had approached the
Tribunal, an interim order was passed on 09.09.2024 to the
effect that no coercive steps shall be taken against the
applicant / respondent herein, while issuing notice on the
interim relief application.
3. It is submitted by the learned Counsel for the petitioner
that the petitioner had been relieved on 29.08.2023 pursuant
to the transfer order dated 20.05.2023. The interim order was
passed by the Tribunal on 09.09.2024, much after the
relieving of the petitioner.
4. It is pointed out by Ms.Himanshi Balodi, the learned
advocate appearing on behalf of Ms.Priti R. Dixit, the learned
advocate for the respondent that the interim order continued
till the disposal of the original application by the Tribunal,
wherein the transfer order dated 20.05.2023 was set aside
vide judgment and order dated 23.10.2024.
5. The present petition challenging the order of the
Tribunal was presented on 06.12.2024 and was registered on
09.12.2024. On 03.01.2025, Ms.Priti R. Dixit, the learned
advocate had put an appearance on behalf of the respondent
No.1 waiving the service of notice. In the affidavit filed on
behalf of respondent, it is stated that inspite of setting aside
of the transfer order and the stipulation in the Tribunal's
order to implement the order within a period of 60 days, the
respondent has not been reinstated.
NEUTRAL CITATION
C/SCA/16734/2024 ORDER DATED: 07/08/2025
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6. The result is that the respondent is not working since
the date of his relieving pursuant to the transfer order dated
20.05.2023, which was on 29.08.2023.
7. Moreover, for the fact that it was a mass transfer of 500
doctors, we do not find any merit in the order of the Tribunal
in interfering with the transfer order only on the premise that
the wife of the applicant / respondent was working in District
Ahmedabad and hence his posting elsewhere would be
contrary to the transfer Policy.
8. In a mass transfer of 500 doctors, no infirmity can be
attached to the transfer order on the premise that the
respondent / applicant has not been accomodated at the place
near the place of posting of his spouse, which is purely in
administrative exigencies.
9. With the above, while we do not concur with the order of
the Tribunal and set aside the same for the reason given
above, we direct that the respondent shall join at the place of
posting pursuant to the transfer order dated 20.05.2023 with
immediate effect. However, after joining at the place of
transfer, it would be open for the respondent to make an
application for adjusting his posting at an appropriate place in
light of paragraph 'B (vii)' of the Office Memorandum dated
24.11.2022 (DOPT Guidelines). Such request, if made, shall be
duly dealt with by the petitioner subject to availability of
vacancies, keeping in mind the guidelines that all efforts
should be made to post spouses at nearest places, as far as
possible.
NEUTRAL CITATION
C/SCA/16734/2024 ORDER DATED: 07/08/2025
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10. The respondent would also be at liberty to move a
proper application for the period of his non-working, i.e. from
the date of relieving till the date of joining at the transferred
place, only after submitting his joining at the place of transfer.
On such application being filed by the respondent, the same
shall also be dealt with sympathetically.
11. At this stage, the learned advocate appearing for the
respondent, upon instructions, would submit that the
respondent is willing and undertakes to join the transferred
place and would submit his joining report on or before
14.08.2025.
12. We, thus, provide that after joining, the respondent
would be free to move application, which shall be dealt with at
the earliest and in a positive manner. It is clarified that the
factum of setting aside the order of the Tribunal herein shall
not be taken as an opinion drawn by us to reject the request
of the respondent to accommodate him at a convenient place
near the place of posting of his wife. With the above
observations and directions, the present petition stands
disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
SAHIL S. RANGER
