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
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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
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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
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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
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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.
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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
