Manne Raj Kumar vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC) on 29 October 2026

ORAL ORDER

(As per Hon'ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member)

By this OA, the applicant has sought the following relief:

“ In view of the facts and circumstances stated above, the Applicant most humbly prays that this Hon'ble Tribunal may be pleased to allow the Original Application and:

(i) to call for the records relating to the impugned orders and to declare that Office Order No. 138 of 2026 dated 07-08-2026 (Annexure A-1) and the Relieving Order No. Cmp:441565 dated 01- 09-2026 (Annexure A-2), insofar as they relate to the Applicant, are illegal, arbitrary, malafide and violative of Articles 14 and 16 of the Constitution of India and violative of the Transfer/Posting Policy dated 18-12-2024, and to quash and set aside the same;

(ii) consequently, to direct the Respondents to permit the Applicant to continue and resume duties in his post at ESIC Regional Office, Hyderabad (Legal Branch) with all consequential benefits including pay and allowances, and to direct that the period of absence from 01-09-2026 shall not be treated as unauthorised absence or as dies- non, but be regularised in accordance with rules;

(iii) in the alternative and without prejudice to the above, to direct the Respondents to stay the operation, implementation and execution of Office Order No. 138 of 2026 dated 07-08-2026 (Annexure A-1) and the Relieving Order No. Cmp:441565 dated 01-09-2026 (Annexure A-2), insofar as they relate to the Applicant; and consequently direct Respondent No. 3 to consider and dispose of the Applicant's representations dated 10-08-2026 and 27-08- 2026 by a reasoned and speaking order within two weeks, and to keep the impugned orders in abeyance in the meantime in the interest of justice and to avoid irreparable injury and a miscarriage of justice.

(iv) to award the costs of this Application; and

(v) to pass such other order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”.

2. According to the counsel for the applicant, his transfer is against the transfer policy of the department as, in his present tenure, he has not completed 3 years of service. In violation of the transfer policy, especially paras 6.1 and 7.6, the points made in his representations, dt. 10.08.2026, 18.08.2026, 27.08.2026, 02.09.2026, and 30.09.2026, have not been considered.

3. Learned counsel for the respondents cited para 2 of the reply highlighting the reason of the transfer of the applicant, which is covered under Clause 6.1(i) r/w Clause 13 of the Transfer/Posting Policy.

4. Heard learned counsel for the parties.

5. Learned counsels submitted that the matter has already been taken up before the National Litigation Committee (NLC) at the ESIC Headquarters, New Delhi, and it is pending for decision. In the light of this submission, it is deemed proper to direct the parties to pursue the matter before the National Litigation Committee (NLC), at this juncture. There seems to be no need for parallel proceedings before this Tribunal. Parties may present their respective cases before the National Litigation Committee and further action, if any, may be taken as per law.

6. In view of the above, the OA is disposed of, accordingly. No order as to costs.

(VARUN SINDHU KUL KAUMUDI)

ADMINISTRATIVE MEMBER

/al/