om:116-cl-2025-Oct — Transfer order cannot be interfered with by the Tribunal unless the same is proven to be arbitrary, malicious or in violation of statutory rules

Transfer order cannot be interfered with by the Tribunal unless the same is proven to be arbitrary, malicious or in violation of statutory rules — The given chunk discusses the case where an employee was transferred from SRO, Mysuru to the Regional Office, Bengaluru, despite serving at the same station for about 8 years and 9 months. The employ... — Facts:The Applicant, appointed as LDC at ESIC Nanjangud on 12-2-2008, has been serving at SRO, Mysuru since 6-6-2014. On 29-3-2023, the Regional Office (Karnataka) issued an order transferring her from SRO, Mysuru to the Regional Office, Bengaluru. The Applicant submitted a representation seeking deferment or cancellation of the transfer. The Regional Office, by Order, dated 25-4-2023, deferred her relief date first to 30-9-2023 and later up to to 31-3-2024. Dissatisfied, she filed the present OA.

The learned Counsel for the Applicant contended that the Applicant had been transferred three times during the last 15 years of service. The Counsel for the Applicant further submitted that she was constructing a house and the impugned transfer, transferring her out of Mysuru would cause great hardship to her and cause severe family disturbances. The Applicant therefore prayed for due interference by the Hon'ble Tribunal.

The learned Counsel for the Respondents defended the transfer order stating that it was issued on 29-3-2023 as per the transfer committee's recommendations, involving 54 Assistant cadre officials, inviting grievances, if any, against the transfer order. Though the Applicant had served about 8 years and 9 months at the same station as of 31-3-2023, her request was considered and her relief was deferred to 30-9-2023 in the first instance and then to 31-3-2024. She was finally relieved from SRO, Mysuru on 27-3-2024 and joined the Regional Office, Bengaluru on 28-03-2024. Hence, the Counsel argued that the case no longer merits consideration and deserves to be dismissed.