om:30-cl-2024-Feb — Mid-term transfer sought to be cancelled due to children's education and Tribunal directed the Respondents to consider the representation and decide the issue in tune with the transfer guidelines

Mid-term transfer sought to be cancelled due to children's education and Tribunal directed the Respondents to consider the representation and decide the issue in tune with the transfer guidelines — This chunk is part of a court order where an employee (Applicant) is challenging a mid-term transfer order due to his daughter's education in class VIII, claiming it was issued in violation of depart... — This instant application has been filed by the Applicant challenging the impugned Transfer Order, dated 20-5-2023 (Annexure-P/1), by which, he has been transferred from ESIC Model Hospital, Beltola to ESIC, Phulwarishariff in the State of Bihar.

As per the Applicant, being aggrieved with the impugned Transfer Order, dated 20-5-2023 (Annexure-P/1) and due to mid-academic session of his daughter, who is studying in Class-VIII, he has made a representation, dated 25-5-2023 (Annexure-P/3) before the Director- General, Employees' State Insurance Corporation, CIG Marg, Punchadeep Bhawan, New Delhi (Respondent No. 3) through e-mail, which is still pending. As per the Applicant, said impugned Transfer Order, dated 20-5-2023 has been issued in violation of Department's own Transfer Guidelines, dated 20-6-2022 (Annexure-A/4).

During the course of hearing, Shri Anirban Chakraborty, Learned counsel for the Applicant has fairly submitted that it would suffice the purpose of the Applicant if the Authority will be directed to consider the pending representation of the Applicant, dated 25-5-2023 in the light of their own Transfer Guidelines, dated 20-6-2022 treating this OA as part of it within a stipulated period of time and till then, some protection may be granted to the Applicant.

Shri Kuldeep Baishya, Learned counsel for the Respondent Nos. 2 to 5 has no objection to such proposition.