Bindumol M.N vs Employees State Insurance Corporation on 17 October, 2024

[Cites 5, Cited by 0]

Kerala High Court

Bindumol M.N vs Employees State Insurance Corporation on 17 October, 2024

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 28 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 29 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 30 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 31 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 32 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 33 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 34 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 35 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 36 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 37 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 38 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 39 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 40 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 41 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 42 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.


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 43 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 44 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 45 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- 024 IN O.A. NO. 407/2024 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

2024:KER:77432 46 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 47 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 48 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. 399/2024 EXHIBIT P-3 TRUE COPY OF OBJECTION DATED 30/7/2024 FILED BY THE ESI CORPORATION IN OA 399/2024 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 49 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.


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 50 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 51 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-

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 52 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 53 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-


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 54 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 55 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 56 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 NO. 397/2024 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 57 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 58 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 59 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 60 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

Unlock Advanced Research with PRISMAI

Kerala High Court