Writ Petition No. 19022 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO.19022 OF 2024 (S-CAT) C/W WRIT PETITION NO.20874 OF 2023 AND WRIT PETITION NO.25228 OF 2024 (S-CAT) IN W.P.NO.19022/2024 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION HEADQUARTERS OFFICE, PANCHADEEP BHAVAN, C I G MARG, NEW DELHI-110002, REP. BY ITS DEPUTY DIRECTOR (MED- ADMIN). 2. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR, BENGALURU-560010 REP. BY ITS DEPUTY DIRECTOR (A). 3. THE EMPLOYEES STATE INSURANCE CORPORATION HOSPITAL RUDRAPUR-263153 UTTARKHAND STATE REP. BY ITS MEDICAL SUPERINTENDENT. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR 4. SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA, NIRMAL BHAVAN NEW DELHI – 110011. 5. THE EMPLOYEES STATE INSURANCE CORPORATION HEADQUARTERS OFFICE PANCHADEEP BHAVAN C I G MARG, NEW DELHI-110002 REP. BY ITS DIRECTOR GENERAL. 6. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR, BENGALURU-560010 REP BY ITS DEAN. 7. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR, BENGALURU-560010 REP. BY ITS MEDICAL SUPERINTENDENT. …PETITIONERS
Legal Reasoning
(BY SRI. PRAKASH SHETTY S., ADV.) AND: DR. TEJASWINI S P AGE: 39 YEARS W/O DR. RAGHU NAGARAJ WORKING AS CHIEF MEDICAL OFFICER (CMO) AT ESIC HOSPITAL PEENYA ON DIVERSION TO PEENYA FROM ESIC PGIMSR, RAJAJINAGAR BENGALURU-560010. (BY SRI. N KHETTY, ADV.) …RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. CALL FOR - 3 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE-C DATED 24.02.2023 MADE IN OA NO.170/496/2021 BY CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCHII AND ETC. IN W.P.NO.20874/2023 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN GIC MARG, NEW DELHI-110002 REP. BY ITS DEPUTY DIRECTOR (MED ADMIN). 2. EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR, BENGALURU-560010 REP. BY ITS DEPUTY DIRECTOR (A). 3. THE EMPLOYEES STATE INSURANCE CORPORATION HOSPITAL, ALWAR-263153 RAJASTHAN REPRESENTED BY ITS DEAN. 4. THE EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN GIG MARG, NEW DELHI-110002 REP. BY ITS DIRECTOR GENERAL. 5. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJAINAGAR, BENGALURU-560010 REPRESENTED BY ITS DEAN. 6. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR - 4 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR RAJAJINAGAR, BENGALURU-560010 REP. BY ITS MEDICAL SUPERINTENDENT, ...PETITIONERS (BY SRI. PRAKASH SHETTY S., ADV.) AND: DR. MALINI J W/O DR. SHAJI NARAYANAN AGED ABOUT 50 YEARS WORKING AS SPECIALIST/ ASSOCIATE PROFESSOR IN MICROBIOLOGY IN ESIC R/O 205, GAJANAND MANDIR APARTMENTS 3RD MAIN ROAD, VS LAYOUT VIDYARANYAPURA BENGALURU-560097. (BY SRI. N KHETTY, ADV.) ...RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE-C DATED 31.03.2023 MADE IN O.A NO- 170/282/2023 BY CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU BENCH AND ETC. IN W.P. NO. 25228/2024 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN C.I.G. MARG, NEW DELHI-110002 REP. BY ITS DEPUTY DIRECTOR (MED-ADMIN). 2. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR - 5 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR RAJAJINAGAR, BENGALURU-560010 REP. BY ITS DEPUTY DIRECTOR (A). 3. THE EMPLOYEES STATE INSURANCE CORPORATION HOSPITAL RUDRAPURA-263153 UTTARAKHAND STATE REP. BY ITS MEDICAL SUPERINTENDENT. 4. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, NIRMAL BHAVAN NEW DELHI-110011 REPRESENTED BY ITS SECRETARY. 5. THE EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN C.I.G. MARG, NEW DELHI-110002 REP. BY ITS DIRECTOR GENERAL. 6. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR, BENGALURU-560010 REPRESENTED BY ITS DEAN. 7. THE EMPLOYEES STATE INSURANCE CORPORATION MODEL HOSPITAL AND PGIMSR AND RAJAJINAGAR RAJAJINAGAR BENGALURU-560010 REP. BY ITS MEDICAL SUPERINTENDENT. ...PETITIONERS (BY SRI. SREEDHARA H. R., ADV.) AND: DR. E CHANDRASHEKAR AGE ABOUT 45 YEARS S/O EREGOWDA K WORKING AS SPECIALIST GR-1 DEPT. OF ANESTHESIOLOGY AT - 6 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR ESIC MODEL HOSPITAL-PGIMSR RAJAJIANGAR, BENGALURU-560010. (BY SRI. N KHETTY, ADV.) ...RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE-C DATED 10.04.2023 MADE IN OA NO. 170/495/2021 BY CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) In all the above writ petitions, the Employees State Insurance Corporation and its authorities are before this Court under Article 226 of the Constitution of India, questioning the correctness and legality of the order dated 24.02.2023 in O.A.No.170/496/2021 in W.P.No.19022/2024,
Decision
order dated 31.03.2023 in O.A.No.170/282/2023 in W.P.No.20874/2023 and order dated 10.04.2023 in O.A.No.170/495/20212 in W.P.No.25528/2024, whereunder the transfer of - 7 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR respondents under impugned orders dated 07.10.2021, 08.10.2021, 13.06.2022 and 07.10.2021 are set aside, with a direction to reconsider the transfer of respondents/applicants under new Transfer Policy which had been notified on 20.06.2022. 2. Heard learned counsel Sri.Prakash Shetty for petitioners in W.P.No.19022/2024 and W.P.No.20874/2023 and Sri.H.R.Sreedhara, learned counsel for the petitioners in W.P.No.25528/2024 and Sri.N.Khetty, learned counsel for respondents in all the writ petitions. Perused the writ petition papers. 3. The transfer of respondents who were applicants before the Central Administrative Tribunal under the impugned orders are effected in terms of 2018 Transfer Policy. The Tribunal, having found that the transfer orders are opposed to the Transfer policy of 2018 set aside the order of transfer and directed the ESI Corporation- petitioners herein to reconsider the transfer of respondents/applicants under new Transfer Policy which is - 8 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR notified under Notification dated 20.06.2022. In fact, it is brought to our notice during the course of hearing, that the petitioners in W.P.No.25528/2024 complied the order and effected transfer of respondent therein under Notification dated 31.03.2025, transferring the respondent from Medical College, Rajajinagar to ESI Hospital, Tiruppur. 4. Learned counsel Sri.Prakash Shetty brought to the notice of this Court that by communication dated 16.12.2024, the Transfer Policy of 2024 is brought into force. Admittedly, the Transfer Policy of 2018 and Transfer Policy of 2022 are no more in existence and those Transfer Policies are replaced by 2024 Transfer Policy. When the Tribunal allowed the application, quashing the orders of transfer with a direction to reconsider the transfer of applicants before the Tribunal who are respondents herein, we are of the considered opinion that ESI Corporation and its authorities, petitioners herein are not aggrieved persons. The petitioners can effect transfer - 9 - NC: 2025:KHC:22368-DB WP No. 19022 of 2024 C/W WP No. 20874 of 2023 WP No. 25228 of 2024 HC-KAR of respondents/Medical Officers in terms of the existing 2024 Transfer Policy as directed by the Tribunal. 5. With the above, all the writ petitions stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 37