Denial of inter-region transfer while honoring similar requests from the same list constitutes arbitrary and illegal discrimination.

The applicant, a Radiographer at ESIC Model Hospital, Rourkela (Odisha), applied for Inter-Region Transfer (IRT) to West Bengal pursuant to a circular dated 01.02.2023

His name was subsequently included at Sl. No. 333 in the "IRT List 2023" published on 27.03.2023

the respondents failed to act on this list and later issued an order on 25.10.2023, directing that the 2023 transfer applications should not be processed

While other similarly situated employees were transferred following judicial interventions by various Benches of the CAT and the Supreme Court, the applicant’s representation was rejected on 22.08.2025

The respondents contended that transfer is not a matter of right, administrative exigencies prevail, and a new transfer policy dated 28.12.2024 had since come into force

1. Whether the respondents' decision to abandon the IRT List 2023 and reject the applicant's transfer request was arbitrary, illegal, and discriminatory

2. Whether the applicant is entitled to the same relief granted to similarly placed employees under the 2023 IRT policy

The Tribunal relied on the principles of administrative fairness and non-discrimination.

It applied the precedent from CAT Bengaluru in Smt. Usha Rani v. ESIC (O.A. 519/2023), which established that withdrawing an notified list of eligible transfer candidates without justifiable cause constitutes harassment and defeats the objective of the IRT policy

It further integrated the principle from the Odisha High Court in W.P.(C) No. 25016 of 2025, which held that blatant discriminatory treatment of employees within a homogenous class regarding transfer requests is impermissible

The Tribunal found that the applicant was similarly situated to other employees whose transfers had been mandated by the CAT Ernakulam, Bengaluru, and Mumbai Benches

The Tribunal rejected the respondents' defense that previous transfers were "special cases" arising from judicial mandates, noting that such a stance is discriminatory if the applicant also appeared in the same valid eligibility list

It observed that the respondents’ attempt to shift the applicant to a new 2024 policy was unjustified given that his rights had accrued under the 2023 process, which was still being enforced for others via court orders

The Tribunal highlighted that the Odisha High Court had already dismissed a challenge by the ESIC in a nearly identical matter, leading to the implementation of the transfer for that official

Consequently, the Tribunal determined there was no reason to deviate from these established judicial precedents

It held that the applicant must be treated at par with other employees transferred under the 2023 list

The respondents were directed to consider and order the applicant's Inter-Region Transfer from the Odisha Region (Rourkela) to the West Bengal Region as per his original option within 60 days of the order

No costs were awarded