Withdrawal of challenge to transfer policy permitted with liberty upon supersession by revised policy.

The applicants, 106 individuals employed as Nursing Officers and Senior Nursing Officers within the Employee State Insurance Corporation (ESIC), filed this Original Application (OA) to challenge the transfer policy dated December 24, 2022

During the pendency of the litigation, the respondents issued a revised transfer policy in 2024, which superseded the impugned policy of 2022

In light of this development, the applicants sought the Tribunal's permission to withdraw the current OA while reserving the liberty to file a fresh challenge against the revised policy if necessary

Whether the applicants may be permitted to withdraw the Original Application with liberty to agitate their grievances afresh following the issuance of a revised transfer policy

The Tribunal followed standard procedural law regarding the withdrawal of a suit/application when an impugned administrative order or policy is superseded by a subsequent act of the executive, rendering the original challenge infructuous but allowing for the preservation of the right to challenge the new act

The Tribunal considered the submission that the impugned transfer policy of December 24, 2022, had been replaced by a revised policy in 2024

Because the regulatory framework governing the applicants' transfers had changed during the proceedings, the original cause of action based on the 2022 policy was modified by the subsequent 2024 policy

The Tribunal determined that allowing the withdrawal with liberty to file a fresh petition was appropriate to ensure the applicants could legally address the impact of the newly implemented 2024 policy

The Original Application was dismissed as withdrawn, and the Tribunal explicitly granted liberty to the applicants to agitate their grievances afresh in accordance with the law

No order was passed regarding costs