Dr G Prasanth vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC) on 8 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): “That this Hon'ble court may be pleased to declare:

(a) that the Orders issued in File No.A-22012/39/2022-MED-VI, dated 16.07.2026 [Office Order No.91] transferring the Applicant from ESIC, MCH Sanathnagar to ESIC, MCH Joka as illegal and arbitrary and, therefore, the said proceedings are liable to be set-aside (b) further declare that the Applicant shall be continued as Professor, ESIC, MCH Sanathnagar

(c) and pass such order and orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant was appointed as Associate Professor at ESIC Medical College and Hospital, Sanathnagar, on 12.01.2018, pursuant to a notification issued by the respondents. He was subsequently promoted as Professor in January, 2022 and is continuing in the said post. Learned counsel further submits that the Respondent No.3, vide Proceedings dt. 14.07.2026, assigned temporary duties to about 32 Medical Officers for a period of four months or until further orders, whichever was earlier. Subsequently, vide Proceedings dt. 16.07.2026, the respondents, purportedly in supersession of the earlier order and citing administrative exigencies, ordered the transfer of Medical Officers with immediate effect, resulting in the applicant’s transfer to ESIC Medical College and Hospital, Joka, West Bengal. Learned counsel contends that the orders contained discrepancies in the names of the Medical Officers, including duplication of one name in the earlier order and omission of another name in the revised order, without assigning any specific reasons for the change in the nature of the earlier order from temporary assignment to transfer.

Location:

KUDARU

3. Learned counsel for the applicant further submits that the applicant’s daughter, whose age is 15 years, has been suffering from a cardiac ailment requiring continuous medication, treatment, investigations and regular specialist follow-up. She was examined at hospitals in Hyderabad in July 2026, and the need for continued medical care has made the applicant’s presence in Hyderabad essential. His wife, who is working as an Associate Professor in the medical department, was transferred from Gandhi Medical College, Secunderabad, to Government Medical College, Nalgonda, vide Proceedings dt. 06.06.2026 and joined there on 07.06.2026. Therefore, his transfer to West Bengal, coupled with his wife’s posting at Nalgonda, would cause serious hardship in ensuring the necessary medical care for their daughter. Learned counsel contends that the said transfer is contrary to the Policy for Transfer/Posting of Medical Officers issued by the ESIC Headquarters on 16.12.2024, which provides for Annual General Transfers and prescribes a procedure for effecting transfers. He alleges that the impugned transfer was effected without following the prescribed procedure. Learned counsel further submits that the applicant is functioning as Professor and Head of Department and is guiding four postgraduate students at ESIC Medical College and Hospital, Sanathnagar, and that his transfer, without posting a substitute, would adversely affect their academic progress. Aggrieved by the impugned proceedings dt. 16.07.2026, the applicant submitted representations dt. 15.07.2026 and 18.07.2026, requesting that he be retained at ESIC Medical College and Hospital, Sanathnagar. As no orders were passed on the said representations, the applicant has approached this Tribunal.

4. Learned counsel further states that the applicant had also approached the Hon’ble High Court of Telangana by filing WP No.24567 of 2026. Vide

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KUDARU

Order dt. 28.07.2026, the Hon’ble High Court granted interim protection as under: “The petitioner is granted limited protection from joining ESIC, MCH, Joka, West Bengal, until the Writ Petition is taken up for hearing on 06.08.2026.” Subsequently, vide Order dt. 01.09.2026, the Hon’ble High Court closed the said WP with the following observation: “1. Learned Standing Counsel for ESIC appearing for the respondent Nos. 2 and 3 informs the Court that the petitioner has already approached the Central Administrative Tribunal (CAT) by way of O.A (O.A.No.592 of 2026). The Court is further informed that the CAT is due to take up the matter on 25.09.2026.

2. In view of the same, we do not find any reason to keep the Writ Petition pending. However, since the petitioner had been granted interim protection on 20.07.2026 with regard to joining ESIC, MCH, Joka, West Bengal, the Court deems it fit to extend that protection till the disposal of O.A (O.A.No.592 of 2026) filed by the petitioner.

3. W.P.No.24567 of 2026, is hence closed, along with all connected applications. There shall be no order as to costs.” Learned counsel states that, in view of the applicant’s daughter’s medical condition and the family circumstances, he is unable to join at the transferred place and, therefore, seeks appropriate relief from this Tribunal.

5. Opposing the grant of relief, learned counsel for the respondents submits that the impugned Transfer Order dt. 16.07.2026 was issued by the Competent Authority to meet administrative requirements relating to faculty deployment. The ESIC Transfer Policy dt. 16.12.2024 covers teaching faculty and permits their transfer/posting anywhere in India, giving priority to organizational interest without conferring any right to claim posting at a particular unit. Learned counsel further contends that, apart from the Annual General Transfer procedure, a Medical Officer may be transferred at any time during the year in public interest or on account of administrative exigencies, with the approval of the Competent Authority.

Location:

KUDARU

6. Learned counsel further submits that Office Order No. 87 of 2026, dt. 14.07.2026, initially provided for temporary assignment for four months or until further orders, whichever was earlier. Subsequently, Office Order No. 91 of 2026, dt. 16.07.2026, was issued in supersession of the earlier order. Learned counsel states that the revised order was necessitated by critical faculty deficiencies in various ESIC Medical Colleges in relation to UG/PG courses and the need to fulfill the requirements of the NMC. The revised deployment was intended to address such deficiencies and ensure compliance with NMC requirements. Further, the transfer was not an isolated action against the applicant, as six Medical Officers from ESIC Medical College and Hospital, Sanathnagar, including the applicant, were relieved pursuant to Office Order No. 91 of 2026, dated 17.07.2026.

7. We have considered the submissions made by learned counsel for both parties and perused the material available on record. The respondents have defended the impugned transfer on administrative grounds, particularly the need to address faculty deficiencies and comply with the requirements of NMC. The applicant, on the other hand, has highlighted his personal circumstances, including his daughter’s medical condition and the need for regular medical care, as well as his contentions regarding the transfer policy and academic responsibilities.

8. Having heard learned counsels for the parties and considering the facts and circumstances of the case, in the interest of justice, the applicant is granted liberty to submit a detailed representation, raising all his contentions and enclosing the relevant supporting documents, to the competent authority within seven days from the date of receipt of a copy of this order. Upon receipt of such representation, the matter shall be placed before the National Litigation Committee. The Committee, after affording the applicant an

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KUDARU

opportunity of personal hearing, shall consider the applicant’s case independently and uninfluenced by the earlier transfer order, within 30 days from the date of receipt of the representation. Until completion of the aforesaid exercise and communication of the decision to the applicant, the interim protection from joining ESIC, Medical College and Hospital, Joka, West Bengal, shall continue.

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

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG) ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/Ram/

Location:

KUDARU