Central Administrative Tribunal - Bangalore
Pushpalatha K vs Employees State Insurance Corporation on 13 November, 2020
1 OA.No.170/873/2019/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00873/2019
DATED THIS THE 13th DAY OF NOVEMBER, 2020
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Dr.Pushpalatha K
W/o Anilkumar K.H
Aged about 54 years
Working as Professor & Head of the Department
(Pediatrics)
Employees State Insurance Corporation
Medical College & Post Graduate
Institute of Medical Science & Research
Rajajinagar, Bengaluru-560 010 and
Residing at No.20, 5th Cross
Atmananda Colony, R.T.Nagar
Bengaluru-560 032. ....Applicant
(By Advocate Shri Vishwanath Bhat)
Vs.
1. The Union of India
Represented by its Secretary
Ministry of Labour & Employment
No.2, Rafi Marg
New Delhi - 110 001.
2. The Director General
Employees State Insurance Corporation
Panchadeep Bhawan
CIG Road
New Delhi-110 002.
3. The Medical Commissioner (Admn)
Employees State Insurance Corporation
2 OA.No.170/873/2019/CAT/Bangalore Bench
Panchadeep Bhawan
CIG Road
New Delhi-110 002.
4. The Medical Commissioner
(Medical Education)
Employees State Insurance Corporation
Panchadeep Bhawan
CIG Road
New Delhi-110 002.
5. The Dean
Employees State Insurance Corporation
Medical College & Post Graduate
Institute of Medical Science & Research
Rajajinagar
Bengaluru-560 010. ...Respondents
(By Advocate Shri M.V.Rao)
O R D E R (ORAL)
PER: SURESH KUMAR MONGA, MEMBER (J)
Aggrieved by an order dated 02.08.2019 vide which the applicant has been transferred from ESIC PGIMSR & Medical College, Rajajinagar, Bengaluru to ESIC Medical College, Gulbarga, Karnataka, the present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985.
2. Shri Vishwanath Bhat, learned counsel representing the applicant, at the very outset, stated that the ESIC PGIMSR & Medical College, Rajajinagar, Bengaluru is affiliated to Rajiv Gandhi University of Health Sciences, Karnataka and the said University vide its letter dated 06.06.2005 has given a declaration that it has 3 OA.No.170/873/2019/CAT/Bangalore Bench recognised the applicant as a Post Graduate teacher. Learned counsel further submitted that the said declaration has been granted by Rajiv Gandhi University of Health Sciences while keeping in view the provisions of Regulation-11.1 of the Medical Council of India Postgraduate Medical Education Regulations, 2000. Since the applicant is a Post Graduate teacher, therefore, she cannot be deputed to teach the under-graduate students in a College at Gulbarga, Karnataka.
3. It appears that the letter dated 06.06.2005 issued by Rajiv Gandhi University of Health Sciences, Karnataka as well as the provisions of Regulation-11.1 of the '2000 Regulations' have not been taken into consideration by the respondents while issuing the applicant's transfer order on 02.08.2019. Since the pleadings in this regard are silent, therefore, we are not inclined to enter into this question as to whether the applicant can be transferred to ESIC Medical College, Gulbarga after issuance of a declaration by Rajiv Gandhi University of Health Sciences, Karnataka vide its letter dated 06.06.2005.
4. However, we are of the view that the ends of justice would be met if liberty is granted to the applicant to submit a comprehensive representation before the competent authority making therein a request to revisit the order dated 02.08.2019 vide which she has been transferred from ESIC PGIMSR & Medical College, Rajajinagar, Bengaluru to ESIC Medical College, Gulbarga, Karnataka.
5. Accordingly, the OA is disposed of with liberty to the applicant to file a 4 OA.No.170/873/2019/CAT/Bangalore Bench comprehensive representation before the competent authority within a period of 15 days from today. If such a representation is filed by the applicant within the said stipulated period, the same shall be considered by the competent authority in accordance with law and a reasoned and speaking order shall be passed within a period of one(1) month thereafter. Till such time a decision is taken by the competent authority over the applicant's representation, status-quo with regard to her place of posting as it exists on today shall be maintained.
6. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
MEMBER (A) MEMBER (J)
/ps/
Annexures referred to by the applicant in OA No.873/2019:
Annexure-A1: Order dtd.26.7.2018 Annexure-A2: Office order dtd.27.7.2018 Annexure-A3: Order dtd.9.4.2019 in OA.1368/2018 Annexure-A4: Office order dtd.2.8.2019 Annexure-A5: Office order dtd.3.8.2019 Annexure-A6: Relevant portion of 11(1) & 11(1)(a) of PGMER 2000 5 OA.No.170/873/2019/CAT/Bangalore Bench Annexure-A7: Note sheets obtained under RTI Act Annexure-A8: PG course summary dtd.31.5.2016, 30.5.2017 & 26.5.2018 Annexure-A9 series: Letters addressed by several students to R2 Annexures with reply:
Annexure-R1: Memo dtd.7.10.2010 Annexure-R2: Notification dtd.4.4.2019 of Medical Council of India Annexures with rejoinder:
Annexure-A10: Letter dtd.18.8.2011 Annexure-A11: RTI reply of R1 Annexures with additional reply: Annexure-R1: Memo dtd.7.10.2010 *****