Gopi Anuradha vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC) on 6 October 2026

ORAL ORDER

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

By this Original Application, the applicant is seeking the following relief: “a. Call for the records relating to Transfer Order No. 21 of 2026 dated 24.06.2026;

b. Quash and set aside the said transfer order,

c. Direct the Respondents to permit the Applicant to continue as Assistant Nursing Superintendent at ESIC Medical College Hospital, Sanathnagar, and Hyderabad;

d. In the alternative, direct the Respondents to consider posting the Applicant at another suitable ESIC establishment within Hyderabad, presently vacancies were very much available in ESIC super speciality hospital, Sanath Nagar, Hyderabad in the same cadre of Assistant Nursing Superintendent (ANS).e. Pending disposal of the Original Application, stay the operation and implementation of Transfer Order No. 21 of 2026 dated 24.06.2026 and all consequential proceedings;

f. Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant is the sole earning member and sole parent of her family, and her son suffered a severe spinal cord injury in an accident, resulting in 86% permanent benchmark disability. Learned counsel further submits that the son of the applicant is wheelchair-bound and requires constant assistance for mobility, daily living, medical treatment, rehabilitation, and emotional support. As per the DOPT OMs dt. 06.06.2014 and 08.10.2018, concerning transfer, exemptions are given for Government servants who are special caregivers of persons with benchmark disabilities; however, the same had not been followed while issuing the rotational transfer order. Learned counsel submits that the applicant's transfer is in violation of the said DOPT OMs.

3. The main contention of the applicant's counsel is that the respondents have to exempt the applicant from the rotational transfer policy. Though the applicant

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submitted a representation on 29.06.2026, the same has not been considered. Therefore, the applicant approached this Tribunal by filing this O.A. challenging the Transfer Order.

4. The respondents have filed a detailed reply by opposing the interim relief as well as the main relief.

5. Learned counsel for the respondents contended that the applicant has been continuously working at Hyderabad, since her initial appointment in the year 2008. As per the ESIC transfer policy dt. 17.12.2024, the maximum tenure at one place is 10 years, and having completed 18 years of continuous service at the same place, the applicant has become due for transfer during Annual General Transfer (AGT)-2026, Learned counsel further submitted that when the ESIC Headquarters invited mandatory online options from all eligible Nursing Cadre Officers through the online portal, the applicant did not exercise any online options within the stipulated time. Learned counsel further submitted that as per the Transfer Policy, the officers, who fail to submit their online preferences despite completing the prescribed tenure, are liable to be transferred based on administrative and functional requirements. The Annual General Transfer-2026 was carried out uniformly throughout the country by considering station tenure, vacancy position, organizational requirements and administrative exigencies. Accordingly, the Competent Authority, in public interest, transferred the applicant to ESIC Hospital, Korba, Chhattisgarh, and she was relieved by the Dean in compliance with the ESIC Headquarters' transfer order.

6. Learned counsel for the respondents further submits that after the applicant was relieved pursuant to the impugned transfer order, she submitted a representation seeking cancellation of the transfer order on personal and medical grounds. The impugned transfer order has been issued in accordance with the ESIC Transfer Policy and administrative requirements. Therefore, the same cannot be invalidated merely

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on the basis of personal hardship. The applicant, being a Group 'A' officer, carrying All India Transfer Liability and having completed about 18 years of continuous service at Hyderabad, cannot claim retention at the same station as a matter of right. Learned counsel further submitted that there are many other employees who have similar liabilities like the applicant. However, they have submitted their options, as invited, in time. Whereas, the applicant remained silent without submitting her options along with certificates showing the medical grounds so as to enable the competent authority to consider her claim.

7. It is the further argument of the learned counsel for the respondents that as the applicant is working as Assistant Nursing Superintendent, that too, in ESIC Hospital, she can take her son with her and serve the organization, fulfilling the administrative exigencies, as well as she can take care of her son. The applicant has been transferred along with 39 other Assistant Nursing Superintendents, vide the impugned order dated 24.06.2026. Learned counsel further submits that as per the transfer order, she was relieved and another person has joined in her place.

8. It is to be noted that, admittedly, the applicant has been working at Hyderabad for about 18 years and she has failed to submit her options as per the Transfer Policy, or her grievance with supporting material, within the prescribed time.

9. It is submitted by the learned counsel for the applicant that the applicant is yet to be relieved and has not joined at the transferred place. On the other hand, learned counsel for the respondents, on instructions dated 25.09.2026, submits that, in view of the aforesaid communication/decision, the applicant may take appropriate steps in accordance therewith and submit the necessary documents.

10. In view of the above, let the applicant make a detailed representation to

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authorities and take necessary steps in terms of the aforesaid communication within seven days from today. Thereafter, the matter shall be reviewed by the National Litigation Committee, and the applicant shall be afforded an opportunity to be heard. The Committee shall consider the applicant's case uninfluenced by the earlier order of transfer. The aforesaid exercise shall be completed within a period of 30 days from the date of receipt of representation. Till such time , the interim order, if any, is made absolute. Accordingly, the O.A. is disposed of. All pending miscellaneous applications, if any, are also disposed of. No order as to costs.

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

/pb/

O.A. is disposed of on

: 06.10.2026 Order dictated on

: 06.10.2026

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