Dr G Prasanth vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC)

OA/592/2026

CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH

OA/21/592/2026

th
HYDERABAD, this the 8 day of October, 2026

Hon’ble Mr. Manish Garg, Judicial Member
Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member

Dr.G.Prasanth, S/o. Late G.Rama Mohan, Age: 45 years,
Occ: Professor and Head of Department,
General Surgery, ESIC, MCH,
Sanathnagar, Hyderabad.

... Applicant.
(By Advocate: Mr. M Rahul Kumar)

Vs.

1. Union of India,
Rep. by Under Secretary to Government of India,
Department of Labour and Employment,
Ministry of Labour and Employment,
Nirman Bhavan, New Delhi.

2. The Assistant Director,
Employees State Insurance Corporation [ESIC],
Ministry of Labour and Employment,
Government of India, Panchadeep Bhavan,
CIG Marg, New Delhi.

3. The Director General,
Medical Branch-VI,
Employees State Insurance Corporation [ESIC],
New Delhi.

… Respondents.

(By Advocate: Mrs. T Manjula, SC for ESIC)

----

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Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
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OA/592/2026
ORAL ORDER
(As per Hon’ble Mr. Manish Garg, Judicial Member)

By this Original Application, the applicant is seeking the following
relief(s):
“That this Hon'ble court may be pleased to declare:
(a) that the Orders issued in File No.A-22012/39/2022-MED-VI, dated
16.07.2026 [Office Order No.91] transferring the Applicant from
ESIC, MCH Sanathnagar to ESIC, MCH Joka as illegal and arbitrary
and, therefore, the said proceedings are liable to be set-aside
(b) further declare that the Applicant shall be continued as Professor,
ESIC, MCH Sanathnagar
(c) and pass such order and orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case.”
2.
Highlighting the facts of the case, learned counsel for the applicant
submits that the applicant was appointed as Associate Professor at ESIC
Medical College and Hospital, Sanathnagar, on 12.01.2018, pursuant to a
notification issued by the respondents. He was subsequently promoted as
Professor in January, 2022 and is continuing in the said post. Learned counsel
further submits that the Respondent No.3, vide Proceedings dt. 14.07.2026,
assigned temporary duties to about 32 Medical Officers for a period of four
months or until further orders, whichever was earlier. Subsequently, vide
Proceedings dt. 16.07.2026, the respondents, purportedly in supersession of
the earlier order and citing administrative exigencies, ordered the transfer of
Medical Officers with immediate effect, resulting in the applicant’s transfer to
ESIC Medical College and Hospital, Joka, West Bengal. Learned counsel
contends that the orders contained discrepancies in the names of the Medical
Officers, including duplication of one name in the earlier order and omission
of another name in the revised order, without assigning any specific reasons
for the change in the nature of the earlier order from temporary assignment to
transfer.
Page 2 of 6

Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
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KUDARU

OA/592/2026
3. Learned counsel for the applicant further submits that the applicant’s
daughter, whose age is 15 years, has been suffering from a cardiac ailment
requiring continuous medication, treatment, investigations and regular
specialist follow-up. She was examined at hospitals in Hyderabad in July
2026, and the need for continued medical care has made the applicant’s
presence in Hyderabad essential. His wife, who is working as an Associate
Professor in the medical department, was transferred from Gandhi Medical
College, Secunderabad, to Government Medical College, Nalgonda, vide
Proceedings dt. 06.06.2026 and joined there on 07.06.2026. Therefore, his
transfer to West Bengal, coupled with his wife’s posting at Nalgonda, would
cause serious hardship in ensuring the necessary medical care for their
daughter. Learned counsel contends that the said transfer is contrary to the
Policy for Transfer/Posting of Medical Officers issued by the ESIC
Headquarters on 16.12.2024, which provides for Annual General Transfers
and prescribes a procedure for effecting transfers. He alleges that the
impugned transfer was effected without following the prescribed procedure.
Learned counsel further submits that the applicant is functioning as Professor
and Head of Department and is guiding four postgraduate students at ESIC
Medical College and Hospital, Sanathnagar, and that his transfer, without
posting a substitute, would adversely affect their academic progress.
Aggrieved by the impugned proceedings dt. 16.07.2026, the applicant
submitted representations dt. 15.07.2026 and 18.07.2026, requesting that he
be retained at ESIC Medical College and Hospital, Sanathnagar. As no orders
were passed on the said representations, the applicant has approached this
Tribunal.
4. Learned counsel further states that the applicant had also approached
the Hon’ble High Court of Telangana by filing WP No.24567 of 2026. Vide
Page 3 of 6

Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
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KUDARU

OA/592/2026
Order dt. 28.07.2026, the Hon’ble High Court granted interim protection as
under:
“The petitioner is granted limited protection from joining ESIC, MCH,
Joka, West Bengal, until the Writ Petition is taken up for hearing on
06.08.2026.”
Subsequently, vide Order dt. 01.09.2026, the Hon’ble High Court closed the
said WP with the following observation:
“ 1. Learned Standing Counsel for ESIC appearing for the respondent
Nos. 2 and 3 informs the Court that the petitioner has already
approached the Central Administrative Tribunal (CAT) by way of O.A
(O.A.No.592 of 2026). The Court is further informed that the CAT is
due to take up the matter on 25.09.2026.
2. In view of the same, we do not find any reason to keep the Writ
Petition pending. However, since the petitioner had been granted
interim protection on 20.07.2026 with regard to joining ESIC, MCH,
Joka, West Bengal, the Court deems it fit to extend that protection till
the disposal of O.A (O.A.No.592 of 2026) filed by the petitioner.
3. W.P.No.24567 of 2026, is hence closed, along with all connected
applications. There shall be no order as to costs.”
Learned counsel states that, in view of the applicant’s daughter’s medical
condition and the family circumstances, he is unable to join at the transferred
place and, therefore, seeks appropriate relief from this Tribunal.
5. Opposing the grant of relief, learned counsel for the respondents
submits that the impugned Transfer Order dt. 16.07.2026 was issued by the
Competent Authority to meet administrative requirements relating to faculty
deployment. The ESIC Transfer Policy dt. 16.12.2024 covers teaching faculty
and permits their transfer/posting anywhere in India, giving priority to
organizational interest without conferring any right to claim posting at a
particular unit. Learned counsel further contends that, apart from the Annual
General Transfer procedure, a Medical Officer may be transferred at any time
during the year in public interest or on account of administrative exigencies,
with the approval of the Competent Authority.
Page 4 of 6

Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
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KUDARU

OA/592/2026
6. Learned counsel further submits that Office Order No. 87 of 2026, dt.
14.07.2026, initially provided for temporary assignment for four months or
until further orders, whichever was earlier. Subsequently, Office Order No.
91 of 2026, dt. 16.07.2026, was issued in supersession of the earlier order.
Learned counsel states that the revised order was necessitated by critical
faculty deficiencies in various ESIC Medical Colleges in relation to UG/PG
courses and the need to fulfill the requirements of the NMC. The revised
deployment was intended to address such deficiencies and ensure compliance
with NMC requirements. Further, the transfer was not an isolated action
against the applicant, as six Medical Officers from ESIC Medical College and
Hospital, Sanathnagar, including the applicant, were relieved pursuant to
Office Order No. 91 of 2026, dated 17.07.2026.
7. We have considered the submissions made by learned counsel for both
parties and perused the material available on record. The respondents have
defended the impugned transfer on administrative grounds, particularly the
need to address faculty deficiencies and comply with the requirements of
NMC. The applicant, on the other hand, has highlighted his personal
circumstances, including his daughter’s medical condition and the need for
regular medical care, as well as his contentions regarding the transfer policy
and academic responsibilities.
8. Having heard learned counsels for the parties and considering the facts
and circumstances of the case, in the interest of justice, the applicant is
granted liberty to submit a detailed representation, raising all his contentions
and enclosing the relevant supporting documents, to the competent authority
within seven days from the date of receipt of a copy of this order. Upon
receipt of such representation, the matter shall be placed before the National
Litigation Committee. The Committee, after affording the applicant an
Page 5 of 6

Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
Foxit PDF Reader Version: 2025.3.0
KUDARU

OA/592/2026
opportunity of personal hearing, shall consider the applicant’s case
independently and uninfluenced by the earlier transfer order, within 30 days
from the date of receipt of the representation. Until completion of the
aforesaid exercise and communication of the decision to the applicant, the
interim protection from joining ESIC, Medical College and Hospital, Joka,
West Bengal, shall continue.
9. With the aforesaid directions, the OA is disposed of. There shall be no
order as to costs.

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/Ram/

Page 6 of 6

Digitally signed by RAMNADH RAMJEE KUDARU
DN: C=IN, CN=RAMNADH RAMJEE KUDARU, L=Hyderabad, O=Central Administrative Tribunal, OU=CAT,
ST=Telangana, [email protected], postalCode=500004, serialNumber=
732348c768a7b7e4c6959efcc7c432eb1c76de695efd01222f9bb03887603c3f, street=No.5-10-193, 1st Floor, Haca Bhavan Opp Public Garden Hyderabad 500004 Telangana, telephoneNumber=
RAMNADH RAMJEE 4cf686b2493e83230b20db37ee806292fd057b6143ee962993703f106c8178fe
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.10.27 14:24:59+05'30'
Foxit PDF Reader Version: 2025.3.0
KUDARU