Central Administrative Tribunal - Mumbai
Swara Milind Kowadkar vs Employees State Insurance Corporation ... on 5 November, 2024
1 OA No.1146/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH,MUMBAI
ORIGINAL APPLICATION No.1146/2024
Date of Decision: 5th November, 2024
CORAM: Justice M.G. Sewlikar, Member (J)
Mr. Santosh Mehra, Member (A)
1. Mrs. Swara Milind Kowadkar,
Age 39 Years, working as Social Security Officer,
ESI Corporation, RO Mumbai,
R/at: ESIC Nagar, Bldg. No.1, Flat No.5, 2nd Flr.,
Andheri (W), Mumbai 400 053.
Mob-9892751289
Email:[email protected]
2. Mrs. Madhuri Vaibhav Sarang,
Age 42 Years, working as Social Security Officer,
ESI Corporation, RO Mumbai,
R/at: B/ 407, Shivlok CHS, Pipeline Road,
Opp. Dadlani Park, Balkum, Thane (W)-400 608.
Mob-9702080625
Email:- [email protected]
3. Mr. Manoj Mannuprasad Kumar, Age 48,
working as Social Security Officer, ESI Corporation,
SRO Marol, Residing at: 24/403, ESIC Nagar,
New Link Road, Andheri (W), Mumbai 400 053.
Mob 9820337503
Email: [email protected]
4. Ms. Dipti B. Kadam,
Age 41 Years, working as Social Security Officer,
2 OA No.1146/2024
ESI Corporation, RO Mumbai, R/at: C-2/106, 1st Floor,
Shri Ganesh Nagar, CHS. Ganesh Nagar,
Lalbaug, Mumbai 400 012.
Mob-9768511769.
Email:- [email protected]
5. Mr. Bhaskar H. Khopkar.
Age 55 Years, working as Social Security Officer,
ESI Corporation, SRO, Marol, Mumbai,
R/at: A-10, Jeevandarshan Apartment,
Sneha Hospital Cross Lane, Navghar Road,
Bhayander, (E), Thane-401 105.
Mob- 9920078359
Email: [email protected]
6. Mr. Ravindra Yeshawant Shinde,
Age 50 Years, working as Social Security Officer,
ESI Corporation, SRO, Marol, Mumbai,
R/at: 24/401, ESIC Nagar Bldg, Link Road,
Andheri (W), Mumbai 400 053.
Mob-9969005581
Email - [email protected]
7. Mr. Suresh Mani,
Age 52 Years, working as Social Security Officer,
ESI Corporation, SRO, Marol, Mumbai,
R/at: Room No. 12, Rohidas Mhatre Bldg.,
Naresh Nagar, Ayre Road, Dombiwali (East), Thane 421 201.
Mob 9869426735
Email:- [email protected]
8. Mrs. Anaya Yogesh Devrukhkar
Age 52 Years, working as Social Security Officer,
ESI Corporation, RO Mumbai, R/at: A-1004,
3 OA No.1146/2024
Rameshwar Darshan Natwar Nagar, Road, 4,Society Road,
Jogeshwari (E), Mumbai 400 060
Mob-9869006584
Email:- [email protected]
9. Shri Rahulsingh V. Pardeshi,
Age 40 Years, working as Social Security Officer,
ESI Corporation, SRO, Thane,
R/ at Flat No. 202. Building No. 19,
"Hibiscus" Highland Residency, Yashashwi Nagar,
Thane(W)400 607, Mob 9930458274.
Email:- [email protected]
10. Ms. Shweta S. Gawad,
Age 43 Years, working as Social Security Officer,
ESI Corporation, SRO, Marol, Mumbai, R/at: E/318,
Vrindavan B. Morwala CHS.Majaswadi,
Jogeshwari (E), Mumbai 400 060.
Mob-9833081979
[email protected]
11. Shri Saket S. Nagdeve
Age 31 Years, working as Social Security Officer,
ESI Corporation, RO Mumbai,
R/at: 301, Panchamrut Bldg., G.K. Marg,
Worli, Mumbai 400 018.
Mob. 8668424025
Email: [email protected].
12. Mr. Ravindra Vinayak Adhav
Age 49 Years working as Social Security Officer,
ESI Corporation, RO Mumbai, R/at H-11,
Room No.6, Municipal Colony, S.G.Barvenagar,
Bhatwadi, Ghatkopar (W), Mumbai 400 084.
Mob-9773848380
4 OA No.1146/2024
Email: [email protected]
13. Mr. Anand Kumar
Age 48 years working as Social Security Officer,
ESICH, Model Hospital, Andheri Mumbai 400 093.
R/at: 24/407ESIC Nagar, Andheri (W), Mumbai 400 053.
Mob 9023049782
Email;- [email protected]
14) Ms. Sangita Vijay Likhar
Age 52 Years, working as Social Security Officer,
ESI Corporation, SRO Thane, R/at Sai Ganeh Dham, A/304,
Vijay nagar, Nr. St Thomas School, Kalyan, (E),
Thane 421 306, Mob 9223403506
Email:[email protected]
15. Ms.Silja Sreejith
age 40 Years working as Social Security Officer,
ESI Corporation, SRO Thane, R/at D/ 201,
Shree Mangalmurti Complex, 90 feet Road,
Thakurli (E), Thane 421 201.
Mob 9819283672
Email:- [email protected]
16. Ms. Shaini Thomas Kunnamkada
Age 51 Years, working as Social Security Officer,
ESI Corporation, SRO Thane,R/at Marigold Bldg. No17,
Room No.803, Regency Anantam, Nr. Vicco Naka Dawadi,
Dombivili (E), Thane 421203.
Mob 7506556559
Email: [email protected]. ... Applicants
( By Advocate Shri V. A. Nagrani)
5 OA No.1146/2024
VERSUS
1. The Union of India through
The Secretary, Ministry of Labour & Employment,
Shram Shakti Bhavan,Rafi Marg,
New Delhi 110001
2. The Director General,
Employees State Insurance Corporation
Panchdeep Bhavan,
Comrade Indrajit Gupta Marg,
New Delhi 110 002.
3. Insurance Commissioner (P&A).
Employees State Insurance Corporation,
Panchdeep Bhavan,
Comrade Indrajit Gupta Marg, New Delhi 110 002.
4. The Additional Commissioner & Regional Director.
Employees State Insurance Corporation,
Panchdeep Bhavan,Insurance
N.M. Joshi Marg, Lower Parel, Mumbai 400 013.
5. Deputy Director (I/c),
SRO-Marol,Panchadeep Bhavan,
Andheri (East), Mumbai: 400 093
6. Deputy Director (I/c),
SRO-Thane, Wagle Estate,
L.B.S Marg, Thane 400 604.
7. The Medical Superintendent,
ESIC Model Hospital cum OD, Andheri,
Mumbai :- 400 093
...Respondents
(By Advocate Shri. S S Pathak)
6 OA No.1146/2024
ORDER (Oral)
Per: Justice M.G. Sewlikar, Member (J)
Challenge in this OA is to the order dated 03rd March, 2024, 11th March, 2024 i.e. the orders of transfer and order dated 20th September, 2024 by which the applicants came to be relieved.
2. Facts in nutshell can be adumbrated thus:
2.1 The applicants are working as Social Security Officer (SSO) with Employees State Insurance Corporation -
Respondent No.2. The respondents devised the transfer policy for effecting transfers in the month of March, 2024. In accordance with this policy, the respondents passed the orders of transfer on 03rd March, 2024 and 11th March, 2024 thereby transferring the applicants. The applicants made representations against these orders.
2.2 The applicants contend that the respondents did not decide these representations. All of a sudden the respondents relieved the applicants pursuant to the transfer order dated 03rd March, 2024 and 11th March, 2024, on 7 OA No.1146/2024 20th September, 2024. The applicants have challenged all these three orders in this OA.
3. The respondents filed their reply. They contend that the transfer orders were passed in the month of March, 2024. The applicants did not make any representation. Therefore, they are estopped from challenging the relieving orders. They further contend that the respondents have transferred around 1000 officers PAN INDIA. If these transfer orders are stayed/set aside it will stall the administration. The applicants have not alleged mala fides on the part of the respondents. They did not make any representation after they were relieved. These transfer orders are passed in accordance with the transfer policy of the respondents. They contend that the relieving orders were not passed because of stay granted by the Calcutta High Court. The respondents could effect the transfer orders only after the stay order of the Calcutta High Court was stayed by the Supreme Court. They, therefore, contend that the transfer orders and consequent relieving orders need not be quashed. 8 OA No.1146/2024
4. Applicants did not file rejoinder.
5. We have heard the learned counsel for the applicants and learned counsel for all respondents.
6. Learned counsel for the applicants submits that the respondents made a false statement that the applicants did not make representations after the orders of transfer were made on 03rd March, 2024 and 11th March, 2024. He submits that the applicants made the representations through online portal within the stipulated time. The online portal gets deactivated the moment the outer date is over. He submits that the applicants have alleged in para 5(d) that they had made representations against the orders of transfer and they are still pending. He contends that the respondents have not followed their own policy, inasmuch as they did not decide the representation within the period specified in the policy. Therefore, the relieving order is bad in law. They further submit that they are ready to join the transferred posting after the academic year is over.
9 OA No.1146/2024
7. Learned counsel for the respondents vehemently submits that the respondents could not effect the transfer orders as this Bench of the Tribunal had stayed the policy No.A-22. Learned counsel further submits that the transfer orders could not be effected as the policy was stayed by the Calcutta High Court. The respondents could give effect to the transfer orders only on the stay granted by the Supreme Court to the order of the Calcutta High Court. He submits that the order of Calcutta High Court was stayed by the Supreme Court in August, 2024. In these circumstances, relieving order was delayed. He submits that the applicants did make allegation that they had made representations against the orders of transfer. But they did not annex the copies of the representations. Therefore, the respondents were not in a position to check whether the representations were in fact made. In these circumstances, the respondents made a statement that no representations were made by the applicants against the orders of transfer. He submits that this statement was made only on the allegations made by the applicants in their OA and as the applicants did not annex the 10 OA No.1146/2024 copies of the representations. If they had annexed the copies of the representations, there was no occasion for the respondents to make any such statement. He further submits that the transfer order has taken care of the employees whose children are studying in 10th or 12th Standard. They are permitted to continue at the present station till the academic year is over. He submits that having regard to all these circumstances, the orders of relieving cannot be interfered with. Learned counsel for the respondents further submits that they have made representation on 21st October, 2024 against their relieving.
8. We have given thoughtful consideration to the submissions made by the learned counsels for their respective parties.
9. The applicants are covered by Policy No.A- 22/13/1/2022(1)-E.I dated 20th May, 2022. In terms of this policy, the respondents have prepared Annexure II. Annexure II gives the timeline within which the orders of transfer are to be passed and within which the 11 OA No.1146/2024 representations are to be made and they are to be disposed of. We would like to reproduce the Annexure II for facility of reference:
"E-file No.A-22/13/1/2022(1)-E.I dated 20.05.2022 Annexure-II [Under transfer/posting policy of SSO/Mgr. Gr.- II/Superintendent of ESI Corporation issued vide Hqrs. Letter No.A-22/13/1/2022(1)-E.I dated 20.05.2022] Date by which action Exercise to be taken December' 01 Preparatory work of Annual General Transfer List of Officers who are due for mandatory transfer to be made available in the online portal December' 15 to 31 Calling of option(s) by 31st December through online portal in respect of Officers (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 4.2(iii) of transfer policy February' 10 Transfer Committee to recommend Annual General Transfer February' 25 Orders for Annual General Transfer to be issued March' 02-05 Online grievance representation by those aggrieved by the Annual General Transfer Order(s) March' 10 Comments of Transfer Grievance Redressal Committee to be submitted before Competent Authority prescribed for the purpose March' 15 Disposal of online grievances Note 1: Reference to a date in this table shall be taken as the next working day in case the indicated date happens to be a public holiday or a weekend.
Note 2: For the Annual General Transfer for the year 2022, time lines shall be circulated separately."12 OA No.1146/2024
10. In terms of this policy, the orders of Annual General Transfer were to be issued on or before 25th February, 2024. Between March' 02 to 05 online grievance representation by those aggrieved by the Annual General Transfer order(s) are to be made. By March' 10, comments of Transfer Grievance Redressal Committee to be submitted before Competent Authority prescribed for the purpose are to be obtained. By March' 15 online grievances have to be disposed of.
11. The Applicants have made a statement in para 5(d) of the OA that representations were made and they are pending. The respondents without checking their online portal have made a statement in their affidavit that the applicants did not make any representation after the orders of transfer were passed. To say the least, this is a false statement because the applicants have produced the copies of their online representations made within the timeline fixed by the respondents. This clearly shows that soon after the transfer orders were passed, the applicants made 13 OA No.1146/2024 representations against the order of transfers. The respondents not only did not decide the representations, they also relieved the applicant midterm i.e. on 20th September, 2024. This is also a violation of their own transfer policy A-22. In para 14.2 the policy stays that relieving shall be indicated in the transfer order itself. Pay and allowances shall not be drawn beyond 30 days after the relieving the date specified in the transfer order by the Relieving Office. The respondents have followed this clause in breach. In the transfer order, the respondents did not mention the date of relieving of the applicants.
12. The position that emerges is that the applicants made representations within the timeline fixed by the respondents. The respondents ought to have decided the representations on or before 15th March, 2024. It has come on record that the respondents did not decide the representations in the month of March nor in the month of April nor in the month of May i.e. before the commencement of the academic year. They decided the representation on 14 OA No.1146/2024 25th September, 2024 i.e. after passing of the relieving orders. This shows that the respondents have not followed their own policy. Learned counsel for the respondents submits that the respondents could not effect the transfer because of the stay granted by Calcutta High Court. This submission is against their own record. In the month of March, 2024 or till the commencement of academic year, 2024 there was no stay to the order of transfers. Therefore, there was no question of the respondents not relieving the applicants. Moreover, the respondents can relieve the applicants only when their representations are decided. If their representations are not decided, it is not permissible for the respondents to relieve the applicants. In this view of the matter, the relieving order is bad in law.
13. On the last date, we did not grant interim relief solely on the statement made by learned counsel, on instructions, that the representations were not made by the applicants against the orders of transfer. Now the representations have come on record. If that statement had not been made, we were inclined to grant interim relief. 15 OA No.1146/2024
14. In view of this, we deem it appropriate to direct the respondents to regularize the intervening period of absence of the applicants.
15. Having regard to what is discussed herein above, we deem it appropriate to quash the relieving order. Learned counsel for the applicants has made a statement at Bar that the applicants are ready to go to their transferred posting after March, 2025.
16. In this view of the matter, the OA is partly allowed. Relieving orders dated 20th September, 2024 is quashed to the extent of the applicants. The respondents are permitted to pass the relieving orders after March, 2025 to the extent of the applicants. The prayer in respect of transfer orders dated 03rd March, 2024 and 11th March, 2024 is rejected. Pending MAs, if any, stand closed. No costs.
(Santosh Mehra) (Justice M.G. Sewlikar)
Member (A) Member (J)
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Digitally signed by Deepti Ganesh Munarshi
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270b8c883fb6c7df159699dde8a3a29e49a5 91f4547843867fc06f0095732d99, Ganesh PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f47 1e3c55c542947568cc8f7d6a4f4, CN= Deepti Ganesh Munarshi Munarshi Reason: I am the author of this document Location:
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