Facts
The applicant challenged the ESIC authorities’ orders concerning his transfer and rejection of his grievance, including Office Order No. 127 of 2023 dated 10 November 2023 and the Financial Commissioner’s order dated 11 October 2023.
Source reference: pp. 2–3He sought, inter alia, continuation of his posting at ESIC Hospital, Beltola, Guwahati, reference of his grievance to a Medical Board, protection from coercive action, and consequential reliefs.
Source reference: pp. 2–3During the hearing, the applicant submitted that his grievance had been redressed because he had been promoted and posted at ESIC Hospital, Beltola, Guwahati.
Source reference: p. 3He produced the promotion order dated 17 February 2026, in which his name appeared at Serial No. 11. The respondents admitted these facts.
Source reference: p. 3Issues
Whether the applicant’s challenge to the transfer-related orders and request for consequential reliefs survived for adjudication after his promotion and posting at ESIC Hospital, Beltola, Guwahati.
Source reference: pp. 2–3Whether the Original Application was liable to be disposed of as infructuous in view of the redressal of the applicant’s grievance.
Source reference: p. 4Law Applied
The Tribunal applied the procedural and remedial principle that where the grievance forming the basis of an original application has been subsequently redressed, and no effective relief remains to be adjudicated, the proceeding may be dismissed or disposed of as infructuous.
Source reference: no citationThe Tribunal also proceeded on the basis that adjudication must address a live and subsisting controversy; where subsequent events remove the dispute, no further order is necessary.
Source reference: no citationReasoning
The reliefs sought were principally directed toward protecting the applicant’s posting at ESIC Hospital, Beltola, and obtaining reconsideration of his transfer-related grievance through the prescribed medical and administrative process.
Source reference: pp. 2–3The applicant informed the Tribunal that he had subsequently been promoted and posted at the same hospital, and supported that submission with the promotion order dated 17 February 2026.
Source reference: p. 3Since the respondents admitted the subsequent development, the Tribunal found that the underlying grievance had been resolved and that no live issue remained requiring adjudication.
Source reference: pp. 3–4Holding
The Tribunal held that, as the applicant’s grievance had been redressed, nothing survived for further adjudication.
The Original Application was accordingly disposed of as infructuous, without awarding costs.
Source reference: p. 4Original Court PDF
DR POLASH BORAvsEMPLOYEES STATE INSURANCE CORPORATION (ESIC)
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