Facts
The applicant, an employee of the Employees State Insurance Corporation (ESIC) aged 47 and posted at Panki near Kanpur, challenged a transfer order dated 10/04/2026 that moved him to Indore.
Source reference: p. 1-4The applicant contended that the transfer was arbitrary as it ignored his wife’s employment as a Government Assistant Teacher in Kanpur and his mother’s serious illness.
Source reference: p. 3-4He had previously been granted a compassionate posting in Kanpur after a 2024 grievance.
Source reference: p. 3Following the new transfer order, the applicant submitted a representation on 15/04/2026, which remained pending at the time of filing this Original Application (OA).
Source reference: p. 2, 5Issues
1. Whether the respondents are required to consider the applicant's representation seeking retention or a nearby posting based on spouse employment and medical grounds before giving effect to the transfer.
Source reference: p. 5-6Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which provides the right to seek redressal against service-related grievances.
Source reference: p. 2Transfer Policy dated 18/12/2024 and the general executive guidelines regarding the posting of husband and wife at the same station, alongside compassionate grounds for ailing dependents.
Source reference: p. 2, 3-4Reasoning
The Tribunal noted that the applicant’s fresh representation dated 15/04/2026, highlighting his wife’s government posting in Kanpur and his mother’s health, had not yet been decided by the respondents.
Source reference: p. 5The respondents' counsel stated that the department was willing to reconsider the case in light of the personal difficulties described.
Source reference: p. 5The Tribunal reasoned that since the administrative authorities are better positioned to evaluate exigencies of service against personal hardships, it was unnecessary to keep the OA pending.
Source reference: p. 5By directing a time-bound disposal of the representation, the Tribunal ensured that the applicant’s grievances would be reviewed according to internal guidelines before any displacement occurred.
Source reference: p. 6Holding
The Tribunal disposed of the OA at the admission stage without examining the merits of the transfer and directed the respondents to consider the applicant’s representation dated 15/04/2026 and pass a reasoned and speaking order within 25 days.
The Tribunal held that the transfer order dated 10/04/2026 shall not be given effect regarding the applicant until the said representation is decided.
Source reference: p. 6Original Court PDF
Rajeev AgnihotrivsEMPLOYEES STATE INSURANCE CORPORATION (ESIC)
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