Facts
Eight Social Security Officers (SSOs) serving under the Employees' State Insurance Corporation (ESIC) in Telangana challenged the Transfer/Posting policy dated 20.05.2022 and consequential transfer orders dated 03.03.2024 and 11.03.2024, which directed their relocation outside the state
Source reference: p. 4The applicants contended the policy violated statutory procedures
Source reference: p. 4The matter was initially adjourned sine die on 16.07.2024 because the Hon’ble Calcutta High Court had stayed similar transfers in W.P. (CT) No. 167/2024
Source reference: p. 4Subsequently, the Hon’ble Supreme Court, in SLP No. 16721/2024, stayed the Calcutta High Court’s interim order on 09.08.2024, making the stay absolute on 22.10.2024
Source reference: p. 5Following this, the applicants were relieved via Office Order No. 146/2024 and joined their new postings
Source reference: p. 5Issues
1. Whether the transfer policy and subsequent transfer orders were issued in violation of the Employees' State Insurance Act, 1948, and relevant service regulations
Source reference: p. 42. Whether the challenge to the transfer orders remains maintainable after the applicants have been relieved and have joined their new places of posting following Supreme Court intervention
Source reference: p. 5-6Law Applied
The court referred to Section 97(2)(xxi) of the Employees' State Insurance Act, 1948
Source reference: p. 4Regulation 24 of the ESIC (Staff & Conditions of Service) Regulations, 1959, which govern the service conditions and transfer powers of the Corporation
Source reference: p. 4It further applied the procedural principle that an application becomes infructuous when the relief sought is no longer obtainable due to the completion of the contested action (transfer) and the dismissal of related litigation by higher courts
Source reference: p. 6Reasoning
The Tribunal analyzed the impact of the Supreme Court’s stay on the Calcutta High Court’s proceedings.
Source reference: p. 5While the applicants originally benefited from a circular dated 03.07.2024 that held transfers in abeyance due to the Calcutta High Court's intervention, that legal shield was removed by the Supreme Court in SLP No. 16721/2024
Source reference: p. 5The Tribunal noted that pursuant to the Apex Court's orders and the final dismissal of the case by the Calcutta High Court, the respondents proceeded to relieve the applicants
Source reference: p. 5Since the counsel for both parties confirmed that the applicants had already joined their new duty stations, the Tribunal reasoned that the core grievance—the prevention of the transfer—had been rendered moot by the passage of time and the execution of the orders under judicial scrutiny
Source reference: p. 5-6Holding
The Tribunal held that since the applicants had already been relieved and were currently working at their new places of posting, "nothing survives for adjudication"
The Original Application was dismissed as infructuous
Source reference: p. 6No order as to costs was made
Source reference: p. 6Original Court PDF
B Durga PrasadvsEMPLOYEES STATE INSURANCE CORPORATION (ESIC)
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