Central Administrative Tribunal - Bangalore
Preethi Dayalan vs Employees State Insurance Corporation ... on 26 September, 2025
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OA.No.170/00552/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00552/2024
WITH
MISCELLANEOUS APPLICATION NO.170/00700/2024
ORDER RESERVED ON 12.09.2025
DATE OF ORDER: 26.09.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Smt. Preethi Dayalan
Aged 36 years,
W/o Santhosh R
Working as Superintendent
ESI Corporation, Regional Office,
Binnypet, Bangalore
Residing at No. 169/5, 7th Cross,
Kaddirappa Road,
Coxtown, Bangalore 560005 .... Applicant
(By Smt. Akkamahadevi Hiremath, Advocate-through video
conference)
Vs.
1. The Director General,
Employees State Insurance Corporation,
Headquarters Office,
CIG Marg, Panchdeep Bhavan
New Delhi 110 002
2. The Insurance Commissioner (P&A)
ESI Corporation
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OA.No.170/00552/2024/CAT/BANGALORE
Headquarters Office,
CIG Marg, Panchdeep Bhavan,
New Delhi 110 002
3. Deputy Director, E-I,
ESI Corporation,
Establishment Branch - I
Headquarters Office,
CIG Marg,Panchdeep Bhavan,
NewDelhi 110 002
4. Additional Commissioner &
Regional Director
ESI Corporation,
Regional Office, (Karnataka)
No. 10, Binnypet, Binny Fields,
Next to ETA Mall,
Bangalore 560 023
5. Deputy Director (Admn)
Administration Branch
ESI Corporation,
Regional Office (Karnataka)
No. 10, Binnypet, Binny Fields,
Next to ETA Mall,
Banalore 560023 ....Respondents
(By Shri D. Basavaraja, Advocate)
ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(i) To set aside the Office Order No. 35 of 2024 dated 03-03-2024 in F No. A-22/13/1/AGT/SSO/2024-E-
I (Ann-A1) passed by the Respondent No. 3, to the extent kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 3 OA.No.170/00552/2024/CAT/BANGALORE it Transfers the Applicant at Sl. No. 432 of the said Order from Regional Office-Binny Peth, Bangalore to Sub-Regional Office, Mangalore and;
(ii) and the office order 146 of 2024 dated 20-09- 2024 in No. A-22/13/1/AGT/SSO/2024-E-I (Ann-A2) issued by the respondent no. 3 relieving the applicant, and; the relieving order dated 23-09-2024 in No. 53.A- 22/22/04/2022. Estt issued by 5th respondent produced as Annexure-A14.
(iii) To declare that it is mandatory for the Respondent No. 2 to furnish the information in the remarks column of the Recommendations of the Transfer Committee, and
(iv) Set aside the Transfer Policy dated 20-05-2022, (Ann-A3) issued by the Respondent No. 1.
(v) Grant any such relief, as deemed fit in the facts and circumstances of the case, and in the interest of justice."
2. The facts in brief as narrated by the applicant are that she joined the ESI Corporation as Lower Division Clerk on 31.01.2007, thereafter she was appointed as Upper Division Clerk on 11.02.2011. The applicant was further promoted to the post of Assistant on 16.07.2015 and as Social Security Officer on 05.05.2021. Presently the applicant is working as Superintendent in the Regional Office at Binnypet, Bangalore. Primarily the applicant is aggrieved by the Transfer Policy dated 20.05.2022 issued by the Respondent No. 1 based on which the impugned transfer order No. 35/2024 dated 03.03.2024 and the consequential relieving orders dated 20.09.2024 and 23.09.2024 have been issued. Being kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 4 OA.No.170/00552/2024/CAT/BANGALORE aggrieved by the Transfer Policy and the impugned orders of transfer and relief, the present OA is preferred.
3. This Tribunal vide order dated 04.10.2024 having found a prima facie case, issued the interim order staying the operation of the impugned office order dated 03.03.2024 issued by the Deputy Director (E-1) (Annexure-A1) qua the applicant is concerned till the next date of hearing, which continued to be in operation till date. It is significant to note that the impugned Transfer Policy dated 20.05.2022 has been stayed by the Mumbai Bench of this Tribunal vide order dated 15.04.2024 in OA No.477/2023. Consequently the transfer orders passed on the basis of the said transfer policy have also been stayed in OA No.477/2023 in respect of the applicants therein, considering the Transfer Policy impugned and having regard to the submissions of learned counsel for the respondents that the said transfer policy is under review.
4. However, at this juncture, learned counsel for the applicant submits that the applicant being continued in the same station, Bangalore though not in the same post, subsequent to the order issued dated 06.12.2024 pursuant to the interim order dated 04.10.2024, the same may not be disturbed. kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 5 OA.No.170/00552/2024/CAT/BANGALORE
5. It is not in dispute that now the respondents have issued a new Transfer Policy dated 10.01.2025 in supersession of all the previous policies in the matter. It is true that the said new Transfer/Posting Policy issued with the approval of the competent authority shall come into force with immediate effect as stipulated. However, in view of the challenge made to the Transfer Policy and the transfer/posting order impugned, as aforesaid and an interim order of stay being in operation till date, moreover, having regard to the submissions made on behalf of the respondents as recorded by Mumbai Bench of this Tribunal that the impugned Transfer Policy dated 20.05.2022 is under review and a new policy dated 10.01.2025 being issued by the respondents, we are of the considered opinion that without going into the merits or demerits of the impugned Transfer Policy dated 20.05.2022, it would be just and appropriate to direct the respondents to reconsider the transfer of the applicant under the new Transfer Policy dated 10.01.2025. Similar view is taken by this Bench in plethora of orders rendered in identical circumstances.
6. MA No. 700/2024 dated 16.12.2024 has been filed by the applicant seeking a direction to the 4th respondent to release the kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 6 OA.No.170/00552/2024/CAT/BANGALORE salary of the applicant from 07.10.2024 till date i.e., 16.12.2024 by regularizing the service of the applicant, treating the said period as on duty. Learned counsel for the applicant referring to the said MA submitted that representations were submitted by the applicant along with the copy of the interim order dated 04.10.2024 but the applicant was prevented from reporting to duty and discharging the duties. The respondents having failed to comply with the interim order passed by this Tribunal, cannot withhold the salary from 07.10.2024 till 16.12.2024. The applicant's family is dependent on her salary and is unable to sustain due to several financial commitments. Hence, seeks for the release of salary for the period in question (from 07.10.2024 till date as mentioned in the MA- 16.12.2024).
7. Detailed objections are filed by the respondents to the said MA. It is stated that, pursuant to the interim order passed by this Tribunal on 04.10.2024, after approval from the Headquarters, the applicant was allowed to report for duty at SRO, Hubli with effect from 06.12.2024. Thereafter, the applicant has submitted representations dated 29.10.2024 and 27.11.2024 requesting to release her salary for the month of October, 2024 and November, kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 7 OA.No.170/00552/2024/CAT/BANGALORE 2024. In order to process the pay and allowances for the duration of absence i.e., 24.09.2024 to 05.12.2024, the applicant is required to provide details regarding the leave. Nonetheless, instead of applying for leave for regularisation of her absence period, the official has approached this Tribunal and filed the Miscellaneous Application. Till the regularization of her absence, the official is not entitled to be paid her pay and allowances as she had remained absent from her duties and she has failed to obey the instructions issued by ESIC. Accordingly, learned counsel for the respondents seeks for dismissal of the MA though he has no objections to dispose of the OA on merits in terms of the order passed by this Tribunal in Shri K. Siddesha and Ors. vs. the Director General, ESIC and Ors. (OA No. 139/2023 dated 20.06.2025).
8. As far as the grievance of the applicant in OA is concerned, it is not in dispute that good number of cases have been disposed of by this Tribunal in terms of the order passed by this Tribunal in K. Siddesha, supra, wherein the impugned transfer orders have been set aside qua the applicants therein are concerned, directing the respondents to reconsider the transfer of the applicants therein under the new Transfer Policy dated 10.01.2025 and issue a kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 8 OA.No.170/00552/2024/CAT/BANGALORE reasonable and speaking order in accordance with law. It has been made further clear that till such decision is taken, the applicants therein shall not be disturbed from their present place of posting/working.
9. In the circumstances, we have no hesitation to dispose of the present OA in similar terms but, as far as MA No. 700/2024 is concerned, we have reservations to issue any direction to the respondents for release of the salary as prayed for. In fact, Contempt Petition No. 100/2024 was filed by the applicant alleging wilful disobedience and breach of the interim order dated 04.10.2024 passed by this Tribunal. The same has been closed vide order dated 12.09.2025 having regard to the subsequent developments of posting order issued at place from where the applicant was transferred i.e., Bangalore. Be that as it may, the respondents have categorically stated that they have instructed the applicant to apply for regularization of her absence period for the release of salary and other dues. It is not in dispute that the applicant has not worked during the subject period as evinced from the material on record. The applicant is at liberty to seek for regularization of absence period, by submitting the leave kavya shree k CAT, kavya shree k Bangalore 2025.09.29 10:53:53+05'30' 9 OA.No.170/00552/2024/CAT/BANGALORE application. If such an application is submitted, the respondents shall regularise the period of absence and extend the salary and other dues to which the applicant is entitled to. Hence, reserving such liberty to the applicant to approach the respondent authorities for regularization of her period of absence, MA No. 700/2024 stands disposed of.
10. In the result, impugned transfer order dated 03.03.2024 at Annexure-A1 issued by the Respondent No. 3 qua the applicant is concerned, is set aside. The respondents are directed to reconsider the transfer of the applicant under the new Transfer Policy dated 10.01.2025 and issue a reasoned and speaking order in accordance with law.
11. Till such a decision is taken, the applicant shall not be disturbed from the present place of posting/working.
12. With the aforesaid observations and directions, OA stands disposed of.
No order as to costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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