Central Administrative Tribunal - Bangalore
Sarvesh Venkatesh Pathani vs Employees State Insurance Corporation ... on 26 September, 2025
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OA.No.170/00557/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00557/2024
WITH
MISCELLANEOUS APPLICATION NO.170/00001/2025
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)
Sri Sarvesh Venkatesh Pathani
Aged 46 years,
S/o Venkatesh Pathani
Working as SSO (Audit)
Sub-Regional Office,
ESI Corporation, Sutagatti Road,
Navnagar, Hubbali 580 025
Residing at No. 4035, Kakatives Road,
Belgaum 590 001 .... 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
Headquarters Office,
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OA.No.170/00557/2024/CAT/BANGALORE
CIG Marg, Panchdeep Bhavan,
New Delhi 110 002
3. Deputy Director, E-I,
ESI Corporation,
Establishment Branch - I
Headquarters Office,
CIG Marg, Panchdeep Bhavan,
New Delhi 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,
Sub Regional Office, Sy No. 89,
Sutagatti Road, Near RTO,
Navnagar, Hubli 580 025 ....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. 45 of 2024 dated 11-03-2024 in File No. A-22/13/1/AGT/SSO/2024-
E-I-Part(1) (Ann-A1) passed by the Respondent No. 3, to the extent it Transfers the Applicant at Sl. No. 178 from Sub Regional Office-Hubli to Regional Office- kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 3 OA.No.170/00557/2024/CAT/BANGALORE Binnypeth, Bangalore and; the Office Order No. 146 of 2024 dated 20-09-2024 issued by Respondent No. 3 and; the Relieving order in No. 58.A.22.15.27.2023.Estt. dated 23-09-2024 in Office Order No. 133 of 2024 issued by the 5th Respondent, produced herewith as Annexure-A2.
(ii) 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
(iii) Set aside the Transfer Policy dated 20-05-2022, (Ann-A3) issued by the Respondent No. 1
(iv) 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 he joined the ESI Corporation as Lower Division Clerk on 02.12.1996, thereafter he was appointed as Upper Division Clerk on 17.12.1999. The applicant was further promoted to the post of Assistant on 27.01.2012 and as Social Security Officer on 26.11.2019. Presently the applicant is working as Superintendent/Social Security Officer in the Sub-Regional Office of the ESIC at Hubli. 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. 45/2024 dated 11.03.2024 and the consequential relieving orders dated 20.09.2024 and 23.09.2024 have been issued. Being aggrieved by the Transfer Policy and the impugned orders of transfer and relief, the present OA is preferred. kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 4 OA.No.170/00557/2024/CAT/BANGALORE
3. This Tribunal vide order dated 03.10.2024 having found a prima facie case, issued the interim order staying the operation of the impugned office order dated 11.03.2024 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, Hubli in view of the stay of the transfer order dated 11.03.2024, the same may not be disturbed.
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 kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 5 OA.No.170/00557/2024/CAT/BANGALORE 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. 01/2025 dated 24.12.2024 has been filed by the applicant seeking a direction to the 5th respondent to release the salary of the applicant from 04.10.2024 till date i.e., 24.12.2024 by regularizing the service of the applicant, treating the said period as on duty. Learned counsel for the applicant referring to the said MA kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 6 OA.No.170/00557/2024/CAT/BANGALORE submitted that representations were submitted by the applicant along with the copy of the interim order dated 03.10.2024 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 04.10.2024 till 24.12.2024. The applicant's family is dependent on his salary and is unable to sustain due to several financial commitments. Hence, seeks for the release of salary for the period in question (from 04.10.2024 till date as mentioned in the MA - 24.12.2024).
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 03.10.2024, 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 representation dated 11.12.2024 requesting to release his salary for the month of October, 2024 and November, 2024 along with DA arrears, bonus payment. In reply, it was informed to the applicant vide letter dated 17.12.2024 instructing the official to apply for regularization of his absence period through proper channel in kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 7 OA.No.170/00557/2024/CAT/BANGALORE compliance with the Headquarters Order No. 184/2024 dated 06.12.2024. Nonetheless, instead of applying for leave for regularisation of his absence period, the official has approached this Tribunal and filed the Miscellaneous Application. Till the regularization of his absence, the official is not entitled to be paid his pay and allowances as he had remained absent from his duties and he 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 reasonable and speaking order in accordance with law. It has been kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 8 OA.No.170/00557/2024/CAT/BANGALORE 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. 01/2025 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. 99/2024 was filed by the applicant alleging wilful disobedience and breach of the interim order dated 03.10.2024 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., Hubli. Be that as it may, the respondents have categorically stated that they have instructed the applicant to apply for regularization of his 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 application. If such an application is submitted, the respondents kavya shree k CAT, Bangalore kavya shree k 2025.09.29 10:54:37+05'30' 9 OA.No.170/00557/2024/CAT/BANGALORE 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 his period of absence, MA No. 01/2025 stands disposed of.
10. In the result, impugned transfer order dated 11.03.2024 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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