Kerala High Court
Naseema C.M vs Employees State Insurance Corporation on 17 October, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:77432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P. (CAT) NO. 140 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.409 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
DEEPA MOHAN,
AGED 37 YEARS
D/O. O.R. MOHAN, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, RESIDING AT KALARICKAL
HOUSE, KIZHAKKEKARA, MUVATTUPUZHA, ERNAKULAM
DISTRICT, PIN - 686661.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
2024:KER:77432
2
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION,
REPRESENTED BY ITS DIRECTOR GENERAL, PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG,
NEW DELHI, PIN - 110002.
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE) ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505.
4 JELSON.V.A.
DEPUTY DIRECTOR, (MEMBER SECRETARY, TRANSFER
COMMITTEE). ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
5 DR. DERIN.T.P.
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
BY ADVS.
ADARSH KUMAR
SHASHANK DEVAN
SRI.T.V.AJAYAKUMAR, SC
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).141/2024, 142/2024 AND
CONNECTED CASES, THE COURT ON 17.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:77432
3
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P. (CAT) NO. 141 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.412 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
MUHAMMED NIZAR.K.,
AGED 38 YEARS
S/O. MOIDEEN KOYA.K., NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, RESIDING AT KUZHIKATTIL
HOUSE, ERAMAM, MUPPATHADAM.P.O., ERNAKULAM
DISTRICT, PIN - 683110.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION,
REPRESENTED BY ITS DIRECTOR GENERAL. PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG,
NEW DELHI, PIN - 110002.
2024:KER:77432
4
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.,
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE), ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505.
4 JELSON.V.A.,
DEPUTY DIRECTOR, (MEMBER SECRETARY, TRANSFER
COMMITTEE), ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
5 DR. DERIN.T.P.
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
BY ADVS.
SRI.T.V.AJAYAKUMAR, SC
ADARSH KUMAR
SHASHANK DEVAN
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
5
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 142 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.407 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
JACKSON.K.FRANCIS,
AGED 38 YEARS
S/O. FRANCIS.C.A., NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, RESIDING AT KATTIPALLAM
HOUSE, ASOKAPURAM.P.O., ALUVA, ERNAKULAM
DISTRICT, PIN - 683101.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION
REPRESENTED BY ITS DIRECTOR GENERAL, PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG,
NEW DELHI, PIN - 110002.
2024:KER:77432
6
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.,
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE) ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505.
4 JELSON.V.A.
(MEMBER SECRETARY, TRANSFER COMMITTEE). ESI
REGIONAL OFFICE, PANCHADEEP BHAVAN, NORTH
SWARAJ ROUND, THRISSUR, PIN - 680020.
5 DR. DERIN.T.P.,
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE.) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
SRI.T.V.AJAYAKUMAR, SC
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
7
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 143 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.399 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS 1 TO 10:
1 ASHITHA P GEORGE
AGED 37 YEARS
NURSING OFFICER, ESIC HOSPITAL, UDYOGAMANDAL,
ERNAKULAM, RESIDING AT AYYANIKKATTU,N.A.D P.O,
KOMBARA, ALUVA, ERNAKULAM, PIN - 683563.
2 DEEPTHI MATHEW
AGED 41 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT PALAKUZHY HOUSE,AKG
ROAD,EDAPPALLY TOLL, EDAPPALLY (P.O),
PIN - 682024.
3 BABURAJ V.K.
AGED 39 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT ANTHIKKAD HOUSE,
MUPPATHADAM, ALUVA, PIN - 683110.
2024:KER:77432
8
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
4 DEEPTHI JOHN
AGED 36 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT KAKKOORAN HOUSE, BEHIND
PVIP QUARTERS, IRINGOLE P O. PERUMBAVOOR,
PIN - 683548.
5 SABNAM S.M.
AGED 39 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT AL RAYYAN HOUSE,
PEEDIKAPADI, WEST KADUNGALLOOR P O, ALUVA,
PIN - 683110.
6 JINCE JACOB
AGED 36 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT PUTHIYEDATH HOUSE, SOUTH
VAZHAKULAM P.O, ERNAKULAM, PIN - 683105.
7 SANDHYA MOHANAN
AGED 36 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT KANNALAKUNNEL (H)
CHANGAMPUZHANAGAR P.O., EDAPPALLY, ERNAKULAM,
PIN - 682033.
8 BLITZ MATHEW
AGED 39 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT12/92G, GRACE VILLA, NEAR
ST:JOHNS CHURCH, MUPPATHADAM, PIN - 683110.
9 ATHIRA JUSTIN
AGED 39 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT KIZHAKKEPALLIPPURATH
HOUSE, PALACKAMATTOM, KINGINIMATTAM P O,
PIN - 682311.
2024:KER:77432
9
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
10 ARUN P.B.
AGED 37 YEARS
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT KALAPURACKAL HOUSE, HMT
COLONY PO, KALAMASSERY, ERNAKULAM,
PIN - 683503.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN
PRATAP ABRAHAM VARGHESE
MANOJKUMAR G.
ASHOK MENON
RESPONDENTS/RESPONDENTS & 11TH APPLICANT:
1 EMPLOYEES STATE INSURANCE CORPORATION
PANCHDWEEP BHAVAN, CIG MARG, NEW DELHI,
REPRESENTED BY ITS CHAIRMAN, PIN - 110002.
2 THE REGIONAL DIRECTOR
ESI CORPORATION, REGIONAL OFFICE, PANCHDWEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 THE DEPUTY DIRECTOR (MED- ADM)
ESI CORPORATION, PANCHDWEEP BHAVAN, NORTH
SWARAJ ROUND, THRISSUR, PIN - 680020.
4 NISHA P.S.
NURSING OFFICER, ESIC HOSPITAL,UDYOGAMANDAL,
ERNAKULAM, RESIDING AT VARIYATH HOUSE, V. K.C
P. O, MANIYATHRAMUGAL. THEVAKKAL, ERNAKULAM,
KERALA, PIN - 682021.
5* JISHAMOL MATHEW,
AGED 46 YEARS, W/O. BIJOY M.V., WORKING AS
NURSING OFFICER, ESIC MODEL & SUPER SPECIALTY
HOSPITAL, ASRAMAM, KOLLAM, RESIDING AT
MADHAVASSERIL (H), ALUVA P.O., ERNAKULAM
DISTRICT, PIN: 683101.
2024:KER:77432
10
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
6* SHEEJA BOBAN,
AGED 50 YEARS, W/O.BOBAN THOMAS, WORKING AS
NURSING OFFICER, ESIC MODEL & SUPER SPECIALTY
HOSPITAL, ASRAMAM, KOLLAM, RESIDING AT
PATHIL(H), VMAPRA, IC, EAST KODUNGALLOOR,
U.C.COLLEGE P.O., ALUVA, ERNAKULAM, PIN:683102.
*ARE IMPLEADED AS ADDITIONAL RESPONDENTS R5 AND
R6 ASPER ORDER DATED 02.09.2024 IN IA 1/2024 IN
OP(CAT)143/2024.
BY ADVS.
SRI.T.V.AJAYAKUMAR, SC
SAJITH KUMAR V.
VIVEK A.V.
AMMU M.
SREEHARI V.S.
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
11
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 144 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.410 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
ELDHO M.GEORGE,
AGED 37 YEARS
S/O. P. GEORGE, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM-683 501, RESIDING AT
MUKULATH HOUSE, VALAYANCHIRANGARA.P.O.,
PERUMBAVOOR, PIN - 683556.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION,
REPRESENTED BY ITS DIRECTOR GENERAL. PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG, NEW
DELHI, PIN - 110002.
2024:KER:77432
12
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE) ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505
4 JELSON.V.A.
DEPUTY DIRECTOR,(MEMBER SECRETARY, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
5 DR. DERIN.T.P.
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
BY ADVS.
SRI.T.V.AJAYAKUMAR, SC
ADARSH KUMAR
SHASHANK DEVAN
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
13
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 146 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.408 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
BENOY K.PAULOSE,
AGED 40 YEARS
S/O. K.K. PAULOSE, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM-683 501,
RESIDING AT KEERIKKATTIL HOUSE, EDATHALA.P.O.,
POOKKATTUPADY, ERNAKULAM DISTRICT,
PIN - 683561.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION,
REPRESENTED BY ITS DIRECTOR GENERAL PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG,
NEW DELHI, PIN - 110002.
2024:KER:77432
14
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE) ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505.
4 JELSON.V.A.
DEPUTY DIRECTOR, (MEMBER SECRETARY, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
5 DR. DERIN.T.P.
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
6* JISHAMOL MATHEW
W/O., BIJOY M.V., WORKING AS NURSING OFFICER,
ESIC MODEL & SUPER SPECIALTY HOSPITAL, ASRAMAM,
KOLLAM, RESIDING AT MADHAVASSERIL (H), ALUVA
P.O., ERNAKULAM DISTRICT 683101.
7* SHEEJA BOBAN
W/O. BOBAN THOMAS, WORKING AS NURSING OFFICER,
ESIC MODEL & SUPER SPECIALTY HOSPITAL, ASRAMAM,
KOLLAM, RESIDING AT PATHIL (H), VMAPRA, IC,
EAST KODUNGALLOOR, U.C. COLLEGE P.O., ALUVA,
ERNAKULAM 683102.
*ARE IMPLEADED AS ADDITIONAL RESPONDENTS R6 &
R7 AS PER ORDER DATED 2.09.2024 IN IA 1/2024 IN
OP(CAT)146/2024.
BY ADVS.
SRI.T.V.AJAYAKUMAR, SC
2024:KER:77432
15
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
ADARSH KUMAR
SAJITH KUMAR V.
SHASHANK DEVAN
AMMU M.
SREEHARI V.S.
VIVEK A.V.
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
16
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 147 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.411 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
LIJY JOSE,
AGED 40 YEARS
D/O. JOSE MATTATHIL, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, RESIDING AT MRS
QUARTERS, KEEZHMADU, THOTTUMUGHAM.P.O.,
ERNAKULAM DISTRICT, PIN - 683105.
BY ADVS.
ELVIN PETER P.J. (SR.)
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS/RESPONDENTS:
1 EMPLOYEES' STATE INSURANCE CORPORATION,
REPRESENTED BY ITS DIRECTOR GENERAL, PANCHADEEP
BHAVAN, COMRADE INDERJEET GUPTA (CIG) MARG,
NEW DELHI, PIN - 110002.
2024:KER:77432
17
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2 REGIONAL DIRECTOR,
ESI CORPORATION REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
3 DR. VIJAYALAKSHMI.V.,
MEDICAL SUPERINTENDENT, (CHAIRPERSON, TRANSFER
COMMITTEE). ESIC HOSPITAL, EZHUKONE, KOLLAM,
PIN - 691505.
4 JELSON.V.A.,
DEPUTY DIRECTOR, (MEMBER SECRETARY, TRANSFER
COMMITTEE) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
5 DR. DERIN.T.P.
STATE MEDICAL OFFICER, (MEMBER, TRANSFER
COMMITTEE.) ESI REGIONAL OFFICE, PANCHADEEP
BHAVAN, NORTH SWARAJ ROUND, THRISSUR,
PIN - 680020.
BY ADVS.
SRI.T.V.AJAYAKUMAR, SC
ADARSH KUMAR
SHASHANK DEVAN
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
18
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P. (CAT) NO. 149 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.397 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS 6,7,9,10 & 13:
1 NASEEMA C.M
AGED 44 YEARS
W/O. JOHNSON THOMAS, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM RESIDING AT
KARALIL JOHNSON VILLA, EAST KALLADA P.O,
KOLLAM, PIN - 683501.
2 NASEERA M.P
AGED 44 YEARS
W/O. ALI M.B, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM . RESIDING AT MANICKAL
HOUSE, MANIKKINAR P.O, PAIMUTTOM,
KOTHAMANGALAM, PIN - 683501.
3 PUSHPITHA POULOSE
AGED 44 YEARS
W/O. JOJU V.R, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM RESIDING AT VADAYIL
HOUSE, MATHILAKAM P.O, THRISSUR 680 685,
PIN - 683501.
2024:KER:77432
19
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
4 TREESA STOY PALAKKAL
AGED 46 YEARS
W/O. JIJU T.V, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM RESIDING AT THARAYIL
HOUSE, POYYA P.O, THRISSUR DISTRICT,
PIN - 683501.
5 JEENA SAJI
AGED 46 YEARS
W/O. SAJI A.K, AGED 46 YEARS, NURSING OFFICER,
ESIC HOSPITAL, UDYOGAMANDAL, ERNAKULAM RESIDING
AT ADAKKARA HOUSE, THURUTHY P.O,PRALAYAKAD,
ERNAKULAM 683 545., PIN - 683501.
BY ADVS.
THAMPAN THOMAS
B.V.JOY SANKAR
NINCY MATHEW
HENA BAHULEYAN
RESPONDENTS/RESPONDENTS 1 TO 4 & APPLICANTS 1 TO 5,
8,11,12&14:
1 EMPLOYEES STATE INSURANCE CORPORATION
PANCHADEEP BHAVAN, NEW DELHI REPRESENTED BY ITS
DIRECTOR GENERAL, PIN - 110002.
2 THE MEDICAL COMMISSIONER
EMPLOYEES STATE INSURANCE CORPORATION,
PANCHADEEP BHAVAN, NEW DELHI, PIN - 110002.
3 THE ADDITIONAL COMMISSIONER & REGIONAL DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL
OFFICE, PANCHADEEP BHAVAN, N S ROUND, THRISSUR,
PIN - 680020.
4 THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, UDYOGAMANDAL, ERNAKULAM
DISTRICT, PIN - 683501.
2024:KER:77432
20
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
5 BINDUMOL M.N
AGED 51 YEARS
W/O. SURENDRAN V.S, AGED 51 YEARS, NURSING
OFFICER, ESIC HOSPITAL, UDYOGAMANDAL, ERNAKULAM
RESIDING AT VADAKKEDATH HOUSE, NANDAKSHARA,
MUPPATHADOM P.O, ERNAKULAM, PIN - 683501.
6 SIMI. N.D
AGED 50 YEARS
W/O. JIJI JOSEPH, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM RESIDING AT
PETTAH HOUSE, 0LANAD, KURIAPPARAMBA, VARAPUZHA
P.O., ERNAKULAM, PIN - 683501.
7 SOPHYA VARGHESE
AGED 50 YEARS
W/O. BINU P.A, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM RESIDING AT PALLATH
HOUSE, NELLIMATTOM P.O, KOTHAMANGALAM,
ERNAKULAM, PIN - 683501.
8 JAMUNA P.K.
AGED 56 YEARS
W/O. M.K. SHAJU, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
PARAPPATTU HOUSE, PAMPAKUDA P.O, ERNAKULAM,
PIN - 683501.
9 ELBYMOL ELDHO
AGED 52 YEARS
W/O. SHAJIMON P.G, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM RESIDING AT
PAREKUDIYIL HOUSE, VARAPETTY P.0,
KOTHAMANGALAM, ERNAKULAM, PIN - 683501.
10 SABIDA.P.S
AGED 48 YEARS
W/O. PRADEEP K.S, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM, RESIDING AT
KIZHAKKEPOKKATHARA, VAIKOM P.O, KOTTAYAM,
PIN - 683501.
2024:KER:77432
21
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
11 SHIJA C.R.
AGED 45 YEARS
W/O. U.V. SAHAJAN, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
UTTUMADATHIL HOUSE, NEAR CHITTUKUNNIL TEMPLE,
MUPPATHADOM P.O, ALUVA, PIN - 683501.
12 SAJITHA JOSEPH
AGED 50 YEARS
W/O. KUNJUMON THOMAS, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM RESIDING AT
MALARKATTU HOUSE, KANAKKARY P.O, KOTTAYAM,
PIN - 683501.
13 DIVYA P VISAL
AGED 37 YEARS
W/O. ANEESH M.J, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
MOOLACHERIL HOUSE, KUZHIMATTOM P.0, KOTTAYAM,
PIN - 683501.
BY ADVS
SRI.T.V.AJAYAKUMAR, SC
SRI. JACOB CHACKO
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
22
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2024/ 25TH ASWINA, 1946
O.P.(CAT) NO. 150 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OA NO.397 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS 1 TO 5,8,11,12&14:
1 BINDUMOL M.N
AGED 51 YEARS
W/O. SURENDRAN V.S,NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
VADAKKEDATH HOUSE, NANDAKSHARA, MUPPATHADOM
P.O, ERNAKULAM, PIN - 683501.
2 SIMI. N.D
AGED 50 YEARS
W/O. JIJI JOSEPH,NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . ,RESIDING
AT PETTAH HOUSE, OLANAD, KURIAPPARAMBA,
VARAPUZHA P.O., ERNAKULAM, PIN - 683501.
3 SOPHYA VARGHESE
AGED 50 YEARS
W/O. BINU P.A, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM . RESIDING AT PALLATH
HOUSE, NELLIMATTOM P.O, KOTHAMANGALAM,
ERNAKULAM, PIN - 683501.
2024:KER:77432
23
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
4 JAMUNA P.K.
AGED 56 YEARS
W/O. M.K. SHAJU,NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM, RESIDING AT PARAPPATTU
HOUSE, PAMPAKUDA P.O, ERNAKULAM, PIN - 683501.
5 ELBYMOL ELDHO
AGED 52 YEARS
W/O. SHAJIMON P.G, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
PAREKUDIYIL HOUSE, VARAPETTY P.O,
KOTHAMANGALAM, ERNAKULAM, PIN - 683501.
6 SABIDA.P.S, AGED 48 YEARS
W/O. PRADEEP K.S, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM, RESIDING AT
KIZHAKKEPOKKATHARA, VAIKOM P.O, KOTTAYAM,
PIN - 683501.
7 SHIJA C.R.
AGED 45 YEARS
W/O. U.V. SAHAJAN,NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM, RESIDING AT
UTTUMADATHIL HOUSE, NEAR CHITTUKUNNIL TEMPLE,
MUPPATHADOM P.O, ALUVA, PIN - 683501.
8 SAJITHA JOSEPH, AGED 50 YEARS
W/O. KUNJUMON THOMAS, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM,
PIN - 683501.
9 DIVYA P VISAL, AGED 37 YEARS
W/O. ANEESH M.J, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
MOOLACHERIL HOUSE, KUZHIMATTOM P.O, KOTTAYAM,
PIN - 683501.
BY ADVS.
THAMPAN THOMAS
B.V.JOY SANKAR
NINCY MATHEW
HENA BAHULEYAN
2024:KER:77432
24
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
RESPONDENTS/RESPONDENTS 1 TO 4 AND APPLICANTS 6,7,9,10 &
13:
1 EMPLOYEES STATE INSURANCE CORPORATION,
PANCHADEEP BHAVAN, NEW DELHI , REPRESENTED BY
ITS DIRECTOR GENERAL, PIN - 110002
2 THE MEDICAL COMMISSIONER
EMPLOYEES STATE INSURANCE CORPORATION,
PANCHADEEP BHAVAN, NEW DELHI ., PIN - 110002
3 THE ADDITIONAL COMMISSIONER & REGIONAL DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL
OFFICE, PANCHADEEP BHAVAN, N S ROUND, THRISSUR,
PIN - 680020
4 THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, UDYOGAMANDAL, ERNAKULAM
DISTRICT, PIN - 683501
5 NASEEMA C.M
AGED 44 YEARS
W/O. JOHNSON THOMAS, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM 683 501.
RESIDING AT KARALIL JOHNSON VILLA, EAST KALLADA
P.O, KOLLAM ., PIN - 691502
6 NASEERA. M.P
AGED 44 YEARS
W/O. ALI M.B, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM . RESIDING AT MANICKAL
HOUSE, MANIKKINAR P.O, PAIMUTTOM,
KOTHAMANGALAM, PIN - 683501
7 PUSHPITHA POULOSE
AGED 44 YEARS
W/O. JOJU V.R, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM . RESIDING AT VADAYIL
HOUSE, MATHILAKAM P.O, THRISSUR, PIN - 683501.
2024:KER:77432
25
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
8 TREESA STOY PALAKKAL
AGED 46 YEARS
W/O. JIJU T.V, NURSING OFFICER, ESIC HOSPITAL,
UDYOGAMANDAL, ERNAKULAM . RESIDING AT THARAYIL
HOUSE, POYYA P.O, THRISSUR DISTRICT,
PIN - 683501.
9 JEENA SAJI
AGED 46 YEARS
. W/O. SAJI A.K, NURSING OFFICER, ESIC
HOSPITAL, UDYOGAMANDAL, ERNAKULAM . RESIDING AT
ADAKKARA HOUSE, THURUTHY P.O,PRALAYAKAD,
ERNAKULAM, PIN - 683501.
10* JISHAMOL MATHEW
W/O., BIJOY M.V., WORKING AS NURSING OFFICER,
ESIC MODEL & SUPER SPECIALTY HOSPITAL, ASRAMAM,
KOLLAM, RESIDING AT MADHAVASSERIL (H), ALUVA
P.O., ERNAKULAM DISTRICT 683101
11* SHEEJA BOBAN
W/O. BOBAN THOMAS, WORKING AS NURSING OFFICER,
ESIC MODEL & SUPER SPECIALTY HOSPITAL, ASRAMAM,
KOLLAM, RESIDING AT PATHIL (H), VMAPRA, IC,
EAST KODUNGALLOOR, U.C. COLLEGE P.O., ALUVA,
ERNAKULAM 683102.
*ARE IMPLEADED AS ADDITIONAL RESPONDENTS R10 &
R11 AS PER ORDER DATED 02.09.2024 IN IA.2/2024
IN OP(CAT)150/2024
BY ADVS
SRI.T.V.AJAYAKUMAR, SC
ADARSH KUMAR
JACOB CHACKO
SAJITH KUMAR V.
SHASHANK DEVAN
SREEHARI V.S.
VIVEK A.V.
AMMU M.
2024:KER:77432
26
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
03.10.2024, ALONG WITH OP (CAT).140/2024 AND CONNECTED
CASES, THE COURT ON 17.10.2024 DELIVERED THE FOLLOWING:
2024:KER:77432
27
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
-----------------------------------------------------------
Dated this the 17th day of October, 2024
JUDGMENT
P.G.Ajithkumar, J.
These original petitions were filed by the respective
applicants in O.A.Nos.397 of 2024, 399 of 2024 and 407 to
412 of 2024 on the files of the Central Administrative Tribunal,
Ernakulam Bench. While applicant Nos.6, 7, 9, 10 and 13 in
O.A.No.397 of 2024 filed O.P.(CAT) No.149 of 2024, applicants
No.1 to 5, 8, 11, 12 and 14 in O.A.No.397 of 2024 filed O.P.
(CAT) No.150 of 2024. The applicants in the other original
applications have filed the respective original petitions. A
common order dated 19.08.2024 in the original application is
called in question in these original petition. The documents
are referred to as produced in O.A.No.409 of 2024, which is
the subject matter of O.P.(CAT) No.140 of 2024.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
2. The petitioners are working as Nursing Officers at
E.S.I. Corporation Hospital, Udyogamandal. Annexure A1 is a
copy of the office order No.222 of 2024 dated 23.07.2024
issued by the 2nd respondent-Regional Director, ESI
Corporation, Regional Office, Thrissur. It is the order of general
transfer in the year 2024. In terms of that order, 76 Nursing
Officers working at various ESI Hospitals were transferred. Out
of them, 35 persons have been transferred out from ESIC
Hospital, Udyogamandal. Sl.Nos.2, 5 and 42 to 76 in Annexure
A1 are the nursing officers transferred from ESIC Hospital,
Udyogamandal. Except Sl.Nos.2 and 5, other 33 Nursing
Officers are the persons approached the Administrative Tribunal
by filing the aforesaid original applications. They seek to set
aside Annexure A1 order to the extent it relates to the said
applicants. They further seek to direct the 1 st respondent to
consider representations submitted by the respective applicants
requesting to reconsider their transfer. Interim relief to stay
implementation of Annexure A1 transfer order to the extent it
relates to the petitioners was also sought.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
3. The Tribunal granted interim orders staying
implementation of Annexure A1 to the extent it relates to the
petitioners. The respondents entered appearance and filed
preliminary objections. The petitioners have filed rejoinder.
After hearing both sides, the Tribunal as per the impugned
order dated 19.08.2024 sustained the preliminary objection
and vacated the interim order. The said common order is
under challenge in these original petitions filed under Article
227 of the Constitution of India.
4. Heard the learned Senior Counsel Sri.Elvin Peter,
Advocate Sri.P.Rmakrishnan and Sri.Thampan Thomas for the
respective petitioners, Sri.Adarsh Kumar, the learned Standing
Counsel for the ESI Corporation and the learned counsel for
the additional respondents.
5. Annexure A1 order was issued as part of general
transfer during the year 2024. It is an order of intra region
transfers. The learned Senior Counsel and also the other counsel
would submit on behalf of the petitioners that implementation of
Annexure A1 has been challenged not because the petitioners are
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
averse to transfers, but because the transfers were ordered
much after commencement of the academic year, and has been
in total violation of the transfer policy contained in Annexure A2.
As a matter fact, none of the petitioners submitted an option as
allowed in Clause-5.4 of Annexure A2 for the reason that they
were not averse to transfers. Clause-9 in Annexure A2
enunciates that employees, who completed three years of
service, would ordinarily be transferred. The petitioners,
however, expected that the process of transfer would be
completed as per Annexure-II to Annexure A2, which contains a
time schedule and if that was adhered to, the petitioners would
not have any grievance. In terms of the time schedule, orders of
transfer and postings should have to be issued on 16.03.2024.
Whereas, Annexure A1 transfer order was issued only on
23.07.2024. On account of the said delay, the petitioners were
put to much hardships. The main grievance the petitioners set
forth is that they could not get admission for their children at the
new place and if school is changed during the middle of academic
year, that would adversely affect their studies.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
6. The learned counsel for the petitioners in O.P.(CAT)
Nos.149 and 150 of 2024 further would submit that the said
petitioners would be put to career disadvantage, since their
transfer from ESIC Hospital, Udyogamandal to ESIC Hospitals,
Asramam and Ezhukone will preclude them from getting
promotion for, their lein for promotion is in ESIC,
Udyogamandal. In that view of the matter, their transfers are
said to be vitiated by malafides. Accordingly, it is contended
that their transfers are illegal.
7. The learned counsel for ESIC would submit that the
Tribunal could not interfere with Annexure A1 office order
since the transfers and postings ordered thereby are part of
general transfers. The Tribunal is not expected to interfere
with such transfers, even if there are refraction from the
guidelines issued in relation to the transfers. As long as the
transferees are not able to plead and substantiate that the
transfers are the outcome of malafide exercise of powers or is
violative of statutory provision prohibiting such transfers,
there could be no interfere to the order of transfers. It is
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
submitted that the petitioners did not plead even any
malafides or statutory violation and therefore the impugned
order can have no interference. The learned counsel would
submit that this Court in the exercise of the powers under
Article 227 of the Constitution of India is not expected to
consider the correctness or legality of the impugned order,
which is only an interim one. The learned counsel places
reliance in support of his contentions on Shilpi Bose v. State
of Bihar [1991 Supp.(2) SCC 659], National
Hydroelectric Power Corporation Ltd. v. Shri Bhagwan
[(2001) 9 SCC 574] and E.P.Royappa v. State of Tamil
Nadu [(1974) 4 SCC 3]. The principle in E.P.Royappa
[(1974) 4 SCC 3] was relied on by the High Court of Delhi in
the judgment dated 19.10.2022 in W.P.(C) No.6228 of 2014
and connected cases (Alok Kumar Verma v. Union of
India), which also is relied on by the learned counsel for ESIC
to fortify his stand.
8. Additional respondents No.6 and 7 in O.P.(CAT)
No.146 of 2024, additional respondents No.5 and 6 in O.P.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
(CAT) No.143 of 2024 and additional respondents No.10 and
11 in O.P.(CAT) No.150 of 2024 would support the aforesaid
submissions and defend the impugned order. The additional
respondents are persons obtained transfers and wanted to get
the transfers effected.
9. Annexure A2 issued on 07.12.2022 by the ESIC
contains intra region transfer policy. Going by the provisions
in it, the petitioners may not be able to claim any immunity
from transfer. But their contention that while ordering
transfers in terms of Annexure A1, the time schedule
prescribed in Annexure-II to Annexure A2 was not followed.
The time schedule in Annexure-II are the following:
Date by which Exercise
action to be taken
1st December Preparatory work of Annual General Transfers. List of
Staff who are due for mandatory transfer to be made
available in the online portal.
15th to 31st Calling of option(s) by 31st December through online
December portal in respect of Staff (a) having completed or
completing minimum/ maximum tenure as prescribed
at a station as on 31st March of transfer year; and (b)
seeking Compassionate Ground Transfers requiring
deviation from the norms/criteria and tenure
prescribed under this policy under clause 5.2(iii) of
transfer policy.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
10th February Transfer Committee to recommend Annual General
Transfer/Request Transfers/& Compassionate Ground
Transfers and making available the options received
for transfer/posting online on the portal/website.
25th February Orders for Annual General Transfer/Request transfer/&
Compassionate Ground Transfers to be issued.
2nd March-5th Online grievance representation by those aggrieved by
March the Annual General Transfer order(s)
10th March Comments of Transfer Grievance Redressal Committee
to be submitted before Competent Authority and their
disposal
15th March Transfer Committee to recommend transfers of Group
'B' Nursing & Group 'B' and 'C' Para medical staff
transferred from other regions.
16th March Orders for posting of Group 'B' Nursing & Group 'B'
and 'C' Para medical staff transferred from other
regions to be issued.
17th to 20th Online grievance representation by Group 'B' Nursing
March & Group 'B' and 'C' Para medical staff transferred from
other regions
25th March Disposal of online grievances of Group 'B' Nursing &
Group 'B' and 'C' Para medical staff transferred from
other regions
10. The law laid down by the Apex Court in Shilpi
Bose [1991 Supp.(2) SCC 659], National Hydroelectric
Power Corporation Ltd. [(2001) 9 SCC 574] and
E.P.Royappa [(1974) 4 SCC 3] is trite that an order of
transfer is not liable to be interfered with unless it is an
outcome of malafide exercise of power or issued in violation of
statutory provisions prohibiting such transfer. In
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
E.P.Royappa [(1974) 4 SCC 3], the Apex Court further held
that the petitioner challenging the transfer should establish
hostility and malus animus on the part of the authority. It was
also explained the nature of burden vested on the petitioners
to establish such an allegation. Going by the said principles,
the petitioners are bound to prove prima facie that Annexure
A1 is frowned by malafides or is bad for violation of statutory
provision.
11. The learned Senior Counsel drew our attention to
the observations of a Division Bench of this Court in Kala
C.Mohan (Dr.) v. ESI Corporation [2024 (1) KHC 335].
It was observed therein that when working women are
transferred to new destinations, they often encounter
challenges like finding suitable childcare arrangements and
maintaining a work-life balance in an unfamiliar environment.
It is difficult to shift a child to another school during the midst
of the academic year, especially in the 11th Standard.
12. The transfers and postings as per Annexure A1
were expected to be ordered on or before 16.03.2024 as
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
prescribed in Annexure-II to Annexure A2. If done so, the
petitioners could not raise an objection on the ground that the
studies of their children would be adversely affected. They
would have obtained enough time to ventilate their grievance
by submitting grievance representation as provided in
Clause-14 in Annexure A2. In Annexure-II, the date stipulated
for online grievances is 25.03.2024. Therefore, the transferee
employees could have availed the opportunity to ventilate
their grievance prior to the commencement of the academic
year itself.
13. Annexure R1(b) is the recommendations of the
transfer committee for intra region transfers, based on which
Annexure A1 order was issued. It is seen from it that the
transfer committee held its meetings on 12.07.2024 and
18.07.2024 in order to finalise the intra region transfers.
Following that Annexure A1 was issued on 23.07.2024. The
petitioners could submit their representations only thereafter.
Annexure A4 is a copy of the grievance representation
submitted by the petitioner in O.P.No.140 of 2024 before the
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
Director General, ESIC. Similar representations were
submitted by other petitioners. It appears that those
representations were not considered yet.
14. The observations by this Court in Kala C.Mohan
[2024 (1) KHC 335] may not be a ground to a hold that the
transfers vide Annexure A1 are vitiated by malafides or
violative of any statutory provision. But when Annexure A1
was issued in total disregard of the time schedule prescribed
in Annexure-II to Annexure A2 transfer policy, the
aforementioned observations assumes much relevance. It is
especially so when the grievance representation submitted by
the petitioners are pending consideration. The learned counsel
for the respondents pointed out that on account of some
glitches in the online submission of applications, the said
delay occurred. It is also submitted that as allowed by the
Tribunal only the transfers were effected at a belated stage,
and therefore, the petitioners cannot be heard to contend that
there is any kind of malafides in issuing Annexure A1.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
15. As stated, the allegations of the petitioners that
Annexure A1 order was issued in violation of the time
schedule in Annexure-II to Annexure A2 may not ordinarily be
a reason to challenge it. But when the time schedule is
violated and order of transfer has the effect of causing total
prejudice to the interest of not only the petitioners, but also
the members of their families, the said questions requires
serious consideration. In that circumstance, the Tribunal
ought to have found that there existed a prima facie case in
favour of the petitioners. The order vacating the interim order
is therefore incorrect. It is more so when the representation
submitted by the petitioners are not yet disposed of.
16. The contentions set forth by the petitioners in O.P.
(CAT) Nos.149 and 150 of 2024 touching the malafides on
account of the adverse impact to their career on account of
the transfers is a question germane in the final analysis of the
original applications. The plea of the petitioners that they
therefore have the right to be retained at Udyogamandal also
is a relevant consideration.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
17. In view of the above, we find substance in the
contentions of the petitioners against Annexure A1 order.
Hence, we set aside the impugned order. The Tribunal listed
the original applications by directing the respondents to file
their reply. It implies that once pleadings are complete, the
original applications could be heard and disposed of.
18. In the circumstances, the original petitions are
allowed. The impugned order is set aside. The interim orders
of stay granted by the Tribunal against implementation of
Annexure A1 to the extent it relates to the petitioners in these
original petitions are restored.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 140/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER NO. 222
OF 2023 DATED 23.07.2024 ISSUED ON
BEHALF OF THE SECOND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E.-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED
24.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE R1(a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
ANNEXURE R1(b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 409/2024
FILED BY THE PETITIONER DATED
29.07.2024 ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
409/2024 DATED 31.07.2024 ALONG WITH
ITS ANNEXURES.
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER DATED 01.08.2024.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 409/2024 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 141/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER
NO.54.A.22/15/3/2023/MED. ADM OF DATED
23.07.2024 ISSUED ON BEHALF OF THE
SECOND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE CIRCULAR E-FILE NO.Z-
11011/6/2022-MED-VI DATED 09.01.2023.
ANNEXURE A3 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E.-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
24.07.2024 SUBMITTED BEFORE REGIONAL
DIRECTOR AND ADDL. COMMISSIONER OF
E.S.I.C. BY THE APPLICANT.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BEFORE DIRECTOR
GENERAL OF E.S.I.C. BY THE APPLICANT.
ANNEXURE R1(a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
ANNEXURE R1(b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 412/2024
FILED BY THE PETITIONER DATED
29.07.2024 ALONG WITH ANNEXURES.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
412/2024 DATED 31.07.2024 ALONG WITH
ITS ANNEXURES.
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER DATED 01.08.2024.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 412/2024 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 142/2024
PETITIONER ANNEXURES
ANNEXURE A3 TRUE COPY OF THE OFFICE ORDER NO. 222
OF 2023 DATED 23.07.2024 ISSUED ON
BEHALF OF THE SECOND RESPONDENT.
ANNEXURE A1 TRUE COPY OF THE DISABILITY
CERTIFICATE OF THE APPLICANT'S FATHER
WITH APPL: NO. 707822 DATED
20.09.2010.
ANNEXURE A2 TRUE COPY OF THE APPLICANT'S WIFE
TRANSFER ORDER DATED 05.06.2024.
ANNEXURE A4 TRUE COPY OF THE OM F.NO.42011/3/2014-
ESTT(RES) DATED 08.10.2018.
ANNEXURE A5 TRUE COPY OF THE OM F.NO.28034/9/2009-
ESTT.(A) DATED 30.09.2009.
ANNEXURE A6 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A7 TRUE COPY OF THE CIRCULAR E-FILE NO.
Z-11011/6/2022-MED-VI DATED
09.01.2023.
ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED
25.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE A9 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE R1 (a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 407/2024
FILED BY THE PETITIONER DATED
29.7.2024 ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
407/2024 DATED 31.07.2024 ALONG WITH
ITS ANNEXURES.
ANNEXURE R1 (b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER DATED 01.08.2024.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19.08.2-
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 143/2024
PETITIONER ANNEXURES
ANNEXURE A-2 TRUE COPY OF OFFICE ORDER NO. 222 OF
2024 DATED 23/7/2024 ISSUED BY THE 3RD
RESPONDENT.
ANNEXURE A-1 TRUE COPY OF INTRA REGION TRANSFER
POLICY OF ESI CORPORATION
ANNEXURE A-3 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 1ST
APPLICANT /1ST PETITIONER BEFORE THE
2ND RESPONDENT
ANNEXURE A-4 TRUE COPY OF REPRESENTATION DATED
24/7/2024 SUBMITTED BY THE 2ND
APPLICANT /2ND PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-5 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 3RD
APPLICANT /3RD PETITIONER BEFORE THE
2ND RESPONDENT
ANNEXURE A-6 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 4TH
APPLICANT /4TH PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-7 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 5TH
APPLICANT/5TH PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-8 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 6TH
APPLICANT/6TH PETITIONER BEFORE THE
2ND RESPONDENT.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
ANNEXURE A-9 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 7TH
APPLICANT /7TH PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-10 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 8TH
APPLICANT/8TH PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-11 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY THE 9TH
APPLICANT /9TH PETITIONER BEFORE THE
2ND RESPONDENT.
ANNEXURE A-12 TRUE COPY OF REPRESENTATION DATED
24/7/2024 SUBMITTED BY THE 10TH
APPLICANT/10TH PETITIONER BEFORE THE
2ND RESPONDENT
ANNEXURE A-13 TRUE COPY OF REPRESENTATION DATED
25/7/2024 SUBMITTED BY NISHA P.S, THE
11TH APPLICANT IN THE O.A.BEFORE THE
2ND RESPONDENT
ANNEXURE R-1(A) TRUE COPY OF OFFICE ORDER NO. 222/2024
DATED 23/07/2024 ISSUED BY THE
REGIIONAL OFFICE OF THE ESI
CORPORATION, THRISSUR.
ANNEXURE R-1(B) TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGION TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P-1 TRUE COPY OF ORIGINAL APPLICATION
ALONG WITH INDEX AND SYNOPSIS FILED BY
THE PETITIONERS IN OA NO. 399/2024
DATED 26/07/2024
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P-2 TRUE COPY OF ORDER DATED 26/7/2024
ISSUED BY CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH IN O.A.NO.
EXHIBIT P-3 TRUE COPY OF OBJECTION DATED 30/7/2024
FILED BY THE ESI CORPORATION IN OA
EXHIBIT P-4 TRUE COPY OF ORDER DATED 19/8/2024 IN
O.A.NO. 399/2024 PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 144/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER NO. 222
OF 2023 DATED 23.07.2024 ISSUED ON
BEHALF OF THE SECOND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE OM F.NO.28034/9/2009-
ESTT.(A) DATED 30.09.2009.
ANNEXURE A3 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E.-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
25.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE R1(a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
ANNEXURE R1(b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 410/2024
FILED BY THE PETITIONER DATED
29.07.2024 ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
410/2024 DATED 31.07.2024 ALONG WITH
ITS ANNEXURES.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER DATED 01.08.2024.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 410/2024 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 146/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER NO. 222
OF 2024 DATED 23.07.2024 ISSUED ON
BEHALF OF THE SECOND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE OM F.NO.28034/9/2009-
ESTT.(A) DATED 30.09.2009.
ANNEXURE A3 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E.-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
25.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE R1(a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
ANNEXURE R1(b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B – NURSING OFFICER IN
KERALA REGION FOR THE TRANSFER YEAR
2024.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 408/2024
FILED BY THE PETITIONER DATED
29.07.2024 ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
408/2024 DATED 30.07.2024 ALONG WITH
ITS ANNEXURES.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER IN O.A.NO. 408/2024
DATED 01.08.2024.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 408/2024 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 147/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER NO. 222
OF 2023 DATED 23.07.2024 ISSUED ON
BEHALF OF THE SECOND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE OM F.NO.28034/9/2009-
ESTT.(A) DATED 30.09.2009.
ANNEXURE A3 TRUE COPY OF THE TRANSFER POLICY
CIRCULATED UNDER E.-FILE NO.Z-
11011/6/2022-MED-VI DATED 07.12.2022.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
25.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
26.07.2024 SUBMITTED BY THE APPLICANT.
ANNEXURE R1(a) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23.07.2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR.
ANNEXURE R1(b) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGIONAL TRANSFER/POSTING IN THE CADRE
OF GROUP-B NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 411/2024
FILED BY THE PETITIONER DATED
29.07.2024 ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS IN O.A.NO.
411/2024 DATED 31.07.2024 ALONG WITH
ITS ANNEXURES.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER DATED 01.08.2024.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 411/2024 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 149/2024
PETITIONER ANNEXURES
ANNEXURE A6 TRUE COPY OF THE OFFICE ORDER NO.222
OF 2024 DATED 23.07.2024 ISSUED BY 3RD
RESPONDENT
ANNEXURE A1 TRUE COPY OF THE ORDER NO. A-
11/11/18/09 MED-VI (UDYOG MANDAL)
DATED 12/02/2010 ISSUED BY THE 1ST
RESPONDENT
ANNEXURE A2 TRUE COPY OF THE CIRCULAR FILE NO: A-
33014/1/2022-MED-VI DATED 29.03.2022
ISSUED BY THE DIRECTOR GENERAL, NEW
DELHI.
ANNEXURE A3 TRUE COPY OF THE CIRCULAR FILE NO: Z-
17012/368/2023-MED-VL DATED 11.12.2023
ISSUED BY THE DIRECTOR GENERAL, NEW
DELHI
ANNEXURE A4 TRUE COPY OF THE PROMOTION ORDER NO.
140 OF 2024 DATED 13.05.2024 ISSUED BY
3RD RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE TRANSFER POLICY E-
FILE NO Z-11011/6/2022- MED-VI DATED
07/12/2022 ISSUED BY 1ST RESPONDENT
ANNEXURE R1(A) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23-07-2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR
ANNEXURE R1(B) A TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGION TRANSFER/POSTING IN THE CADRE
OF GROUP- B - NURSING OFFICER IN
KERALA REGION FOR TRANSFER YEAR 2024
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF O.A
EXHIBIT P2 A TRUE COPY OF THE PRELIMINARY
OBJECTIONS FILED BY THE RESPONDENTS
DATED 31.07.2024
EXHIBIT P3 A TRUE COPY OF THE REPLY FILED BY THE
APPLICANTS TO THE PRELIMINARY
OBJECTIONS DATED 05.08.2024
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A NO. 397/2024
(UPLOADED FROM WEBSITE)
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION OF
THE 1ST PETITIONER DATED 24.07.24
ALONG WITH CERTIFICATE FROM THE SCHOOL
SHOWING THAT THE CHILD IS PREPARING
FOR THE BOARD EXAMINATION
EXHIBIT P6 THE TRUE COPY OF REPRESENTATION OF THE
2ND PETITIONER DATED 24.07.24 ALONG
WITH THE CERTIFICATE ISSUED FROM THE
SCHOOL
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION OF THE
3RD PETITIONER DATED 24.07.24 TO THE
GRIEVANCE REDRESSAL COMMITTEE ALONG
WITH THE CERTIFICATES OF TWO CHILDREN
SHOWING THAT THEY ARE STUDYING IN 11TH
AND 12TH AND ARE PREPARING FOR THEIR
BOARD EXAM
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION OF THE
4TH PETITIONER TO THE AUTHORIZED
AUTHORITY DATED 24.07.24 ALONG WITH
THE CERTIFICATE SHOWING THAT HER
DAUGHTER IS A STUDENT OF 12TH GRADE
AND IS PREPARING FOR BOARD EXAM
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION OF THE
5TH PETITIONER TO THE AUTHORIZED
AUTHORITY DATED 24.07.24 ALONG WITH
THE CERTIFICATE SHOWING THAT HER SON
IS A STUDENT IN 11TH GRADE PREPARING
FOR BOARD EXAM
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
APPENDIX OF OP (CAT) 150/2024
PETITIONER ANNEXURES
ANNEXURE A6 TRUE COPY OF THE OFFICE ORDER NO.222
OF 2024 DATED 23.07.2024 ISSUED BY 3RD
RESPONDENT.
ANNEXURE A1 TRUE COPY OF THE ORDER NO. A-
11/11/18/09 MED-VI (UDYOG MANDAL)
DATED 12/02/2010 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE CIRCULAR FILE NO: A-
33014/1/2022-MED-:V/ DATED 29.03.2022
ISSUED BY THE DIRECTOR GENERAL, NEW
DELHI.
ANNEXURE A3 TRUE COPY OF THE CIRCULAR FILE NO:Z-
17012/368/2023-MED-VL DATED 11.12.2023
ISSUED BY THE DIRECTOR GENERAL, NEW
DELHI.
ANNEXURE A4 TRUE COPY OF THE PROMOTION ORDER NO.
140 OF 2024 DATED 13.05.2024 ISSUED BY
3RD RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE TRANSFER POLICY E-
FILE NO Z-11011/6/2022-MED-VI DATED
07/12/2022 ISSUED BY THE 1ST
RESPONDENT
ANNEXURE R1(A) TRUE COPY OF THE OFFICE ORDER NO.
222/2024 DATED 23-07-2024 ISSUED BY
THE REGIONAL OFFICE, EMPLOYEES STATE
INSURANCE CORPORATION, THRISSUR
ANNEXURE R1(B) TRUE COPY OF THE RECOMMENDATIONS OF
THE TRANSFER COMMITTEE FOR INTRA
REGION TRANSFER/POSTING IN THE CADRE
OF GROUP8 - NURSING OFFICER IN KERALA
REGION FOR THE TRANSFER YEAR 2024
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF
ORIGINAL APPLICATION NO.
180/00397/2024
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION
FILED BY THE RESPONDENTS DATED
31.07.2024.
EXHIBIT P3 TRUE COPY OF THE REPLY FILED BY THE
APPLICANTS TO THE PRELIMINARY
OBJECTIONS DATED 05.08.2024
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
19.08.2024 IN O.A. NO. 180/00397/2024
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE
1ST PETITIONER DATED 24.07.2024 BEFORE
THE DESIGNATED AUTHORITY
EXHIBIT P6 THE TRUE COPY OF REPRESENTATION DATED
24.07.2024 OF THE 2ND PETITIONER TO
GRIEVANCE REDRESSAL COMMITTEE
EXHIBIT P7 TRUE COPY OF REPRESENTATION OF THE 3RD
PETITIONER DATED 24.07.2024 TO THE
GRIEVANCE REDRESSAL COMMITTEE ALONG
WITH THE MEDICAL CERTIFICATES
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION OF THE
4TH PETITIONER TO THE AUTHORIZED
AUTHORITY DATED 24.07.2024
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION OF THE
5TH PETITIONER TO AUTHORIZED AUTHORITY
DATED 24.07.2024
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION OF THE
6TH PETITIONER DATED 24.07.2024 TO THE
AUTHORIZED AUTHORITY
2024:KER:77432
O.P.(CAT) Nos.140, 141, 142, 143, 144,
146, 147, 149 and 150 of 2024
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION OF
THE 7TH PETITIONER DATED 24.07.2024 TO
THE AUTHORIZED AUTHORITY
EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION OF
THE 8TH PETITIONER DATED 24.07.2024 TO
THE AUTHORIZED AUTHORITY
EXHIBIT P13 THE TRUE COPY OF REPRESENTATION OF 9TH
PETITIONER DATED 24.07.2024 TO
GRIEVANCE REDRESSAL COMMITTEE
