Chaithanya Veeragandham vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC) on 9 October 2026

ORAL ORDER

(As per Hon’ble Mr. Manish Garg, Judicial Member)

By this Original Application, the applicant is seeking the following relief(s): “i) Direct the Respondents to consider and approve the Applicant's legitimate request for an Inter-State Transfer from Telangana to Andhra Pradesh.

ii) Direct the Respondents to reconsider Applicant's transfer application submitted in December 2025 against the existing vacancies created by relieving of two pharmacists relieved in the month of November 2025.”

2. When the matter is taken up for consideration, the applicant submits that he was initially appointed as Pharmacist through direct recruitment on 06.01.2020 and was subsequently re-designated as Senior Pharmacist (NFG) w.e.f. 06.01.2022. He is presently working at DCBO, Sirpur Kaghaznagar, Telangana, under the administrative control of Respondent No. 3. He further submits that, pursuant to the notification inviting options for change of region, he opted for Andhra Pradesh, being his home State. However, his request was not considered while issuing Office Order No. 08 of 2025 dt. 09.05.2025, whereby six Pharmacists were transferred to Andhra Pradesh. Thereafter, he made a representation dt. 09.07.2025, which reads as under: “I am Chaithanya Veeragandham, currently working as a Senior Pharmacist at ESIC, DCBO, Sirpur Kaghaznagar, Telangana. Through this letter, I humbly request your kind consideration and support in facilitating my request for a change of region from Telangana to Andhra Pradesh. ESIC issued a circular bearing No. Z-11/11/1/Misc/2021-Med. VII (IRT) (e-1176977), inviting options from Group-C paramedical employees seeking a change of region. I opted for Andhra Pradesh, being my home State. On 09.05.2025, Office Order No. 08 of 2025 was issued, containing the list of officials transferred. A total of six Pharmacists were transferred to Andhra Pradesh; however, my request was not considered. Merit appears to have been overlooked in the transfer process. My score is higher than that of all six individuals who were transferred, yet my application was not given due consideration. As per Office Memorandum No. DOPT-1667564806251 dated 16.09.2022, issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel

Location:

KUDARU

and Training, the relative seniority of direct recruits is determined by the order of merit in which they are selected for appointment. I, therefore, request that my transfer application be considered and that I be transferred to Andhra Pradesh. xxx”

3. He submits that despite repeated representations and three reminders addressed to the National Litigation Committee (NLC), his grievance remained unresolved. He contends that he secured higher marks in the written examination than the officials whose transfer requests were allowed. He seeks a change of region to Andhra Pradesh, where his place of posting may be determined by the competent authority. He submits that two Pharmacists had been relieved from Andhra Pradesh in November 2025, creating vacancies against which the applicant’s request could have been considered. The applicant has referred to Office Order No. 08 of 2025, wherein the request of Mr. Tara Sasank, appearing at Serial No. 187, was considered favourably, and he was transferred from Telangana to Andhra Pradesh. The applicant submits that he holds the designation of Senior Pharmacist (NFG), which does not involve further promotional avenues, and that other officials holding the same designation have also been transferred from Telangana to Andhra Pradesh. The applicant further relies upon orders passed by the CAT, Cuttack Bench, in O.A. No. 628/2024 and the CAT, Ernakulam Bench in O.A. No. 524/2023. Hence, the present OA is filed.

4. Opposing the grant of relief, learned counsel for the respondents submits that transfer is an incidence of service and cannot be claimed as a matter of right. She relies upon Clause 3 of the Standard Operating Procedure (SOP) dt. 30.12.2024. In paragraph 5 of the counter-affidavit, the respondents have stated as follows: “5. It is admitted that the applicant was appointed as Pharmacist (Entry Grade) through direct recruitment on 06.01.2020 and was posted at DCBO, Sirpur Kaghaznagar, under the administrative control of the Regional Office, Telangana (Respondent No. 3). It is further admitted

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KUDARU

that he was subsequently re-designated/promoted as Senior Pharmacist (NFG) with effect from 06.01.2022. It is submitted that, having ceased to hold the entry-grade post of Pharmacist with effect from 06.01.2022, the applicant is not eligible for consideration for Change of Region under Clause 3 of the Standard Operating Procedure dated 30.12.2024, which restricts eligibility to directly recruited employees who are in their entry grade and in posts where direct recruitment is one of the modes of recruitment.”

5. Learned counsel for the respondents further submits that, since the applicant has already been re-designated/promoted as Senior Pharmacist (NFG), he is not eligible for consideration under Clause 3 of the aforesaid SOP. She also refers to the email dt. 16.07.2026 issued by the Establishment Branch, Regional Office, Telangana, communicating the decision of the Competent Authority on the applicant's representation as under: “With reference to the trail e-mail, it is informed that the Competent Authority has disposed of the official's representation on the following grounds:

a) The Orders of Hon'ble CAT, Cuttack Bench, in O.A. No. 628/2024, of Hon'ble CAT, Ernakulam Bench, in O.A. No. 524/2023, and of Hon'ble High Court of Orissa at Cuttack in WP No. 25016/2025, in pursuance of which certain transfers were made, were passed in personam, in respect of the applicants in the respective cases. The Orders of the Hon'ble CAT, Cuttack Bench in O.A. No. 628/2024, the Hon'ble CAT, Emakulam Bench in O.A. No. 524/2023, and the Hon'ble High Court of Orissa at Cuttack in W.P. No. 25016/2025, pursuant to which certain transfers were personam and are applicable only to the respective applicants in those cases. were effected, were passed in

b) The Group-C Paramedical Officials are recruited at regional level and their Cadre Controlling Authority is the Regional Director of the concerned region. The transfer of Group-C Paramedical Officials from their parent region to another region was previously regulated as per the Inter Regional Transfer policy circulated vide ESIC Headquarters' Letter No. A-33/12/2/2011-Med.VI dated 27.02.2013 and is presently regulated as per the Standard Operating Procedure (SOP) for Processing Change of Region Requests from Paramedical Employees of ESIC in Pay Levels Corresponding to Group-C employees of the Central Government, circulated vide ESIC Headquarters' Letter No. (C.No. 779649) File No. Z-11/11/1/Misc/2021-Med.VI-Part(3) dated 30.12.2024.

c) The IRT Policy will not confer any right to the applicant for transfer. Requests for change of region are exceptions and cannot be claimed as a matter of right. No employee can claim posting at a particular station as

Location:

KUDARU

a matter of right merely because he fulfils eligibility conditions for transfer.

d) The applicant's requests for transfer were forwarded to ESIC Headquarters through the online portal as per the Standard Operating Procedure / Headquarters' Guidelines. There is no provision for forwarding of representations on transfer requests through e-mail or hard copy, as per Para 1 under the Steps for Processing Requests in SOP dated 30.12.2024.

e) Hence, the applicants' representations on Inter-regional transfer cannot be forwarded to Headquarters office, and as such the official is advised to submit transfer requests only through online portal as per the timeline for submission of such requests as published by Headquarters and instructions issued by Headquarters from time to time. f) The above-mentioned disposal of the applicant's representations for IRT is subject to the outcome of the O.A. No. 536 of 2026 filed by the applicant before Hon'ble Central Administrative Tribunal, Hyderabad Bench. This may be communicated to the official for his information, please.”

6. It is further stated that Group-C paramedical employees are recruited at the regional level and that the Regional Director of the concerned region is their Cadre Controlling Authority. Learned counsel for the respondents submits that change of region is governed by the SOP dt. 30.12.2024 and cannot be claimed as a matter of right. Learned counsel for the respondents further submits that transfer requests are required to be submitted through the prescribed online portal and that representations submitted through email or in hard copy cannot be considered under the said procedure. Further, the applicant's RTI application dated 30.03.2026, seeking reasons for non- inclusion of his name in Office Order No. 11 of 2026 dt. 25.03.2026, was replied to on 24.04.2026, informing him that the information sought pertained to ESIC Headquarters, which had issued the said order. The respondents’ counsel states that the action of the respondents is as per rules.

7. Be that as it may, we are of the view that procedural technicalities should not come in the way of considering the applicant's grievance by the NLC. In particular, paragraph (d) of the email dt. 16.07.2026 issued by the

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KUDARU

Establishment Branch, Regional Office, Telangana, states that representations submitted through email or in hard copy are not provided for under the prescribed procedure. Such a hyper-technical objection cannot be accepted in the era of modern technology, particularly when the applicant seeks consideration of his claim in accordance with the Transfer Policy and on the basis of the marks secured by him. As stated in his representation, the applicant has prima facie asserted that his marks are higher than those of the officials selected for transfer.

8. A holistic view is required to be taken by the National Litigation Committee. Accordingly, the NLC is directed to consider the matter holistically in the light of the aforesaid facts and circumstances, including the applicant’s claim vis-a-vis the officials who have been accommodated, and to take an appropriate decision within 30 days from the date of receipt of a copy of this order.

9. With the aforesaid directions, the OA is disposed of. There shall be no order as to costs.

(MANISH GARG) JUDICIAL MEMBER

/Ram/

Location:

KUDARU