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Judgment
K. Haripal, Member J
Applicant is a CSR Technician in ESIC hospital, Udyogamandal. She is aggrieved by the Annexure-A1 order of transfer issued on 01.11.2024 whereunder herself and one Binu E.T. are mutually transferred. The applicant stands transferred to Ezhukone as part of Intra Region Annual General Transfer of 2024. According to her, as per the guidelines she is entitled to get 15 points in the priority matrix on spouse ground. She submits that weightage of 15 points due to her, on account of the fact that her husband is an employee in the Postal Department, has not been granted to her. Secondly, her children are studying in 1st and 5th standards and a transfer during the middle of the academic year would cause serious prejudices to their studies. According to her, November is not a fair time to effect transfers and transfer during the middle of the academic year is arbitrary and needs to be frozen. Thirdly, her parents are aged and suffering from various ailments. Further, it is submitted that she had suffered a fracture to her tibia, for which she has undergone Open Reduction and Internal Fixation in Aster Medcity, Ernakulam. On these considerations, Annexure-A1 is sought to be set aside permanently or frozen till completion of the academic year.
Respondents 1 and 2 have opposed the claim. According to them, none of the grounds is available to the applicants. She has been transferred after completing the tenure, in accordance with the transfer policy. Though she had raised a complaint before the grievance committee, they have not taken decision since the matter is subjudice on account of the pendency of the O.A. Such a representation will be considered only after disposal of the O.A. There is also no point in submitting that the transfer would cause her irreparable damage, mental agony and inconvenience. If she is aggrieved by the transfer, she can approach the grievance redressal committee at the regional level. So, the O.A. is sought to be dismissed.
In the rejoinder she has highlighted the fracture suffered by her and the treatment undergoing in Aster Medcity. So, she says that her present condition requires better care. Her husband, who is working in Ernakulam Postal Circle may get transfer only in the next general transfer. The O.A. was fixed on 04.11.2024. An interim order was passed by the Tribunal on 04.11.2024 staying the operation of Annexure-A1.
Today I heard the learned counsel on both sides.
After hearing learned counsel, I have no doubt that sufficient grounds are not urged to interfere with the Annexure-A1 transfer. It is clear that the applicant had commenced service in the ESI Corporation in 2012 as O.T. Assistant. She was promoted as CSR Technician in 2017. From October 2012 onwards she is working in Udyogamandal, the present station. She was transferred to Ezhukone only after more than 12 years in the same station, that too as part of Intra Region Annual General Transfer.
From the averments in the O.A. itself it is clear that she was aggrieved by the transfer since it was issued during the middle of the academic year, in November 2024. Though her children were studying only in 1st and 5th standards, taking such a transfer during the middle of he academic year was not fair. Interim order was granted on 04.11.2024 as the transfer was effected during middle of the academic year. In fact the applicant is conscious that protection from transfer will be available only if the children are studying in Standard X or XII standard. From the averments in the O.A., it is clear that she is not averse to the transfer, but only wanted deferment of the same till the end of the academic year. Now that academic year has already been expired and there is no meaning in praying to continue the O.A. or the interim order.
Similarly, the fact that her parents are aged and suffering from age related ailments also has not been raised as a big issue. She herself has stated that they have understood the compulsions of Government servants and endorse movement out of Udyogamandal along with the applicant.
Further, the fact that she had suffered fracture of tibia and procedure undergone in Aster Medcity on 06.01.2022 is not at all a ground for interfering with the order of transfer.
In the O.A. she has stated that her husband, a postal employee, is expecting a transfer to Kollam. Now, in the rejoinder it is stated that, that would be possible only in the next general transfer. That too is a fragile contention seeking interference.
After hearing counsel on both sides, it is very clear that the applicant is not entitled to get any relief. She cannot insist to continue in Udyogamandal indefinitely. Annexure-A1 was issued as part of Intra Regional Annual General Transfer. It was issued after 12 years of service in the same station. She has no case that the transfer is vitiated by malafides. Satisfactory grounds are not urged to interfere with the transfer. By way of the interim order granted, her major grievance of insisting movement during the middle of the academic year has been satisfied. There is no purpose in continuing the O.A.
Resultantly, the Original Application is dismissed and the interim order is vacated. No costs.
(Dated, this the 23rd June, 2025)