Transfer orders stayed pending disposal of employee representations through reasoned and speaking orders.

The applicant, a 58-year-old employee of the Employee State Insurance Corporation (ESIC), was transferred from RO-Rajendra Place, Delhi, to RO-Jammu via Office Order No. 54 of 2026 dated 10.04.2026

The applicant submitted a representation on 18.04.2026 challenging the transfer and the underlying 2024 AGT Policy

The applicant approached the Tribunal seeking to quash the transfer order and requesting a stay on its implementation, citing a prior decision of a Coordinate Bench in an identical matter

1. Whether the applicant is entitled to the same interim protection and relief as granted by the Tribunal in OA No. 1255/2026 dated 07.04.2026

2. Whether the respondents must decide the applicant's pending representation before implementing the transfer order

The court applied the principle of judicial prudence and consistency, which dictates that a Tribunal should not take a divergent view when the facts of a case are identical to those already adjudicated by a Coordinate Bench

It specifically adopted the directions from OA No. 1255/2026 (07.04.2026), which require the administration to pass reasoned and speaking orders on representations regarding transfers while maintaining the status quo of the employee’s posting during the decision-making period

The Tribunal observed that the applicant was "identically situated" to the petitioners in the precedent case, having been transferred under the same administrative framework

The respondents did not point out any "distinguishing feature" to differentiate this case from the earlier judgment

Applying the doctrine of consistency, the Tribunal determined that it was unnecessary to examine the merits of the transfer at this stage. Instead, it deemed it appropriate to dispose of the application by directing the respondents to address the applicant’s grievances through a formal administrative review process, as established in the cited precedent

The respondents are directed to: (i) pass a reasoned and speaking order on the applicant's representation dated 18.04.2026; (ii) refrain from implementing the transfer order until the representation is decided; and (iii) if the decision is adverse to the applicant, stay the implementation for an additional fifteen days from the date of communication to allow the applicant further legal recourse

No costs were ordered