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2025 DAILYLAW 40302 (KAR)

EMPLOYEES STATE INSURANCE CORPORATION v. DR PREETHAM RAJ G

WP/5078/2023 · 2025-09-23

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38172-DB WP No. 5078 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 5078 OF 2023 (S-CAT) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN, G.I.C. MARG, NEW DELHI-110 002 REP. BY ITS DIRECTOR GENERAL. 2. EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN, G.I.C. MARG, NEW DELHI - 110 002. REP. BY ITS DEPUTY DIRECTOR. 3. EMPLOYEES STATE INSURANCE CORPORATION HQRS OFFICE, PANCHADEEP BHAVAN, G.I.C. MARG, NEW DELHI - 110002 REP. BY ITS ASSISTANT DIRECTOR (MED-ADM). 4. EMPLOYEES STATE INSURANCE CORPORATION ESIC MC, PGIMSR AND MH, RAJAJINAGAR, BENGALURU - 560010 REP. BY ITS DEPUTY DIRECTOR (MED-ADM). 5. THE EMPLOYEES STATE INSURANCE CORPORATION ESIC MC, PGIMSR AND MH RAJAJINAGAR, BENGALURU - 560010 REP. BY ITS DEAN. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38172-DB WP No. 5078 of 2023 6. THE EMPLOYEES STATE INSURANCE CORPORATION HOSPITAL AND MEDICAL COLLEGE, BIHTA, PATNA – 801103, BIHAR STATE, REP. BY ITS DEAN. …PETITIONERS (BY SRI. PRAKASH SHETTY S., ADV.) AND: DR. PREETHAM RAJ G S/O G N. RAJKUMAR, AGED ABOUT 40 YEARS, WORKING AS ASSOCIATE PROFESSOR, GENERAL SURGERY DEPARTMENT, 60 AND 61, 10TH CROSS, RBI COLONY, ANAND NAGAR, BENGALURU - 560024. …RESPONDENT (BY SMT. AKKAMAHADEVI HIREMATH, ADV.) 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 07.09.2022 MADE IN O.A. NO.170/188/2022 BY CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU, BENCH AND ISSUE A WRIT, ORDER DIRECTION OR WRIT OF CERTIORARI AND QUASH THE ORDER ANNEXURE-C DATED 07.09.2022 MADE IN O.A. NO.170/188/2022 PASSED BY CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU BENCH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2025:KHC:38172-DB WP No. 5078 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Prakash Shetty.S., for petitioners – ESI Corporation. 2. The petitioners are before this Court questioning the order dated 07.09.2022 in O.A.No.170/188/2022 passed by the Central Administrative Tribunal, Bengaluru Bench (for short, ‘the Tribunal’), whereunder the respondent’s challenge to order of transfer dated 11.05.2022 (Annexure-A1) and consequential reliving order dated 12.05.2022 are quashed. 3. Annexure-A1 order of transfer was challenged by the respondent on various grounds and on considering the tenure, the Tribunal allowed the application. The contention raised by the petitioners herein i.e., ESI Corporation was the subject matter of W.P.No.19022/2024 and connected writ petitions. This Court by order dated - 4 - HC-KAR NC: 2025:KHC:38172-DB WP No. 5078 of 2023 25.06.2025, disposed of the writ petitions with an observation that the respondent-Medical Officer could be transferred in terms of the existing transfer policy. The same observation would holds good to the present writ petition also. 4. In terms of the order dated 25.06.2025 in W.P.No.19022/2024 and connected writ petitions, the present writ petition also stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 0