Central Administrative Tribunal - Bangalore
Dr Mridula A M vs Labour And Employment (Ms) on 8 April, 2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00151/2022
DATED THIS THE 08th DAY OF APRIL, 2022
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal,
Chandigarh Bench, Chandigarh)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative Tribunal,
Chandigarh Bench, Chandigarh)
Dr.Mridula A.M.
W/o Dr.Basavaraj Kuntoji,
Aged about 41 years,
working as Specialist Grade-I,
Paediatric Department,
ESIC Post Graduate Institute of
Medical Science and Research (PGIMSR),
Rajajinagar, Bengaluru - 560 010.
(now on study leave and a student of M.S. Ramaiah
Teaching Hospital, Bengaluru)
....Applicant
(By Advocate: Shri.Vishwanath Bhat- through video conference)
Vs.
1. Union of India
Represented by the Secretary,
Department of Labour and Employment,
Ministry of Labour,
Employees' State Insurance Corporation,
No.110, Shrama Shakthi Bhavan,
Rafi Marg,
New Delhi - 110 001.
2. Employees' State Insurance Corporation,
Represented by the Director General,
Panchadeep Bhavan,
Comrade Indrajeet Gupta (CIG) Marg,
New Delhi - 110 002.
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3. The Deputy Director,
ESI Post Graduate Institute of
Medical Science and Research,
Rajajinagar,
Bengaluru - 560010
.....Respondents
O R D E R (ORAL)
PER: SURESH KUMAR MONGA, MEMBER (J)
The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 laying down therein a challenge to order dated 27.01.2022 vide which she has been transferred from ESICH Rajajinagar, Bangalore to ESICH Ezukone in the State of Kerala.
2. Learned counsel for the applicant submitted that the applicant's daughter is a physically handicapped person as she is suffering from loco-motor disability - ERB's palsy of left arm to the extent of 45%. Therefore, while citing the said reason, the applicant submitted a representation dated 31.01.2022, making therein a request to withdraw her transfer order. The respondents have, however, failed to take a decision over the said representation compelling her to invoke the jurisdiction of this Tribunal.
3. Contention of learned counsel for the applicant is that the applicant's transfer order, being contrary to the provisions of DOPT's OM dated 08.10.2018 and the Rights of Persons with Disabilities Act, 2016, cannot be sustained.
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4. Learned counsel stated that the applicant will be satisfied if the present Original Application is disposed of with a direction to respondents to consider her representation dated 31.01.2022 in accordance with the provisions of DOPT's OM dated 08.10.2018.
5. Keeping in view the aforestated limited prayer made by learned counsel for the applicant, we deem it appropriate to dispose of the present Original Application at the admission stage itself without entering into the merits of the case.
6. Accordingly, the Original Application is disposed of with a direction to Director General, Employees State Insurance Corporation, New Delhi to consider the applicant's representation dated 31.01.2022 and revisit the order dated 27.01.2022 vide which the applicant stands transferred from ESICH Rajajinagar, Bangalore to ESICH Ezukone in the State of Kerala. If the applicant moves a supplementary representation within a period of 07 days from today, the same shall also be taken into consideration while revisiting the order dated 27.01.2022.
7. Needless to observe that before taking any view on the applicant's representation, the contempt authority shall take into consideration the DOPT's Office Memorandum dated 08.10.2018 and the provisions of the Rights of Persons with Disabilities Act, 2016. Before taking any decision into the matter, the applicant shall also be afforded an opportunity of hearing. The whole exercise shall be undertaken within a period of 02 weeks from the date of receipt of a certified copy of this order.
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8. So long as the matter remains pending with the competent authority, the applicant shall not be displaced from her present place of posting.
9. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
MEMBER (A) MEMBER (J)
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