2025:KER:26864 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP (CAT) NO. 28 OF 2025 IN ORDER DATED 30.10.2024 IN OA NO.251 OF 2023 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER(S)/APPLICANT: DR. SARITHA S AGED 49 YEARS D/O LATE SRI. P. SUBHAKARAN, INSURANCE MEDICAL OFFICER GRADE I, ESIC MODEL HOSPITAL, ASRAMAM, KOLLAM, RESIDING AT CHAITHANYA USHAS NAGAR 40, AYATHIL PO, KOLLAM, PIN - 691021 BY ADVS. S.ARUN RAJ ARJUN S.RAJ RESPONDENT(S)/RESPONDENTSS: 1 EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY DIRECTOR GENERAL, ESCI HEADQUARTERS, PANCHDEEP BHAVAN, CIG MARG, NEW DELHI, PIN - 110002 2 ASSISTANT DIRECTOR, (MEDICAL ADMINISTRATION) ESIC HEADQUARTERS, PANCHDEEP BHAVAN, CIG MARG, NEW DELHI, PIN - 110002 O.P.(CAT) No.28/2025 2 2025:KER:26864 3 MEDICAL COMMISSIONERS, ESIC HEADQUARTERS, PANCHDEEP BHAVAN, CIG MARG, NEW DELHI, PIN - 110002 4 MEDICAL SUPERINTENDENT, ESIC ASRAMAM, KOLLAM, PIN - 691002 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CAT) No.28/2025 3 2025:KER:26864 J U D G M E N T Dated this the 27th day of March, 2025 AMIT RAWAL, J. Learned counsel for the petitioner submitted that as per the order of the Tribunal as the applicant petitioner had suffered a fracture, the order of transfer dated 20.5.2023 has been put on hold. Counsel for the petitioner seeks the permission of the court for withdrawal of the OP with liberty to make a fresh representation for reconsideration of his transfer keeping in view of the subsequent events. Petition is dismissed as withdrawn with the liberty as prayed for. Sd/- AMIT RAWAL JUDGE Sd/- K.V.JAYAKUMAR JUDGE HKH/27.03.2025 O.P.(CAT) No.28/2025 4 2025:KER:26864 APPENDIX OF OP (CAT) 28/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF RELEVANT PORTIONS OF ORDER NO. A-22013/15/2023-MED-VI, OFFICE ORDER NO. 65 DATED 20/05/2023 ISSUED FOR THE FIRST RESPONDENT. ANNEXURE A2 TRUE COPY OF THE RECOMMENDATIONS DATED NIL OF THE TRANSFER COMMITTEE OF THE FIRST RESPONDENT. ANNEXURE A3 THE RECOMMENDATIONS ARE MADE, PURPORTEDLY BASED ON THE TRANSFER AND POSTING POLICY FOR CLINICAL POSTINGS OF DOCTOR'S UNDER 1ST RESPONDENT CORPORATION BY ORDER NO. A- 22011/1/2022-MED-VI DATED 20/06/2022 ANNEXURE A4 TRUE COPY OF THE CERTIFICATE ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, ON 15-7-2021 ANNEXURE A5 TRUE COPY OF THE CERTIFICATE ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, ON 13.08.2021 ANNEXURE A6 TRUE COPY OF THE CERTIFICATE ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, ON 23.04.2022 ANNEXURE A7 TRUE COPY OF THE OPD TICKET ISSUED BY THE ESIC HOSPITAL, ASRAMAM ANNEXURE A8 TRUE COPY OF THE REVISIT SLIP AT TAVANCORE MEDICAL COLLEGE HOSPITAL, ISSUED ON 28.06.2022 ANNEXURE A9 TRUE COPY OF THE CERTIFICATE DATED 22.05.2023, ISSUED BY THE SENIOR SPECIALIST (NEUROLOGY) OF ESIC HOSPITAL, ASRAMAM O.P.(CAT) No.28/2025 5 2025:KER:26864 ANNEXURE A10 TRUE COPY OF THE REPRESENTATION DATED 23.05.2023 SUBMITTED BY THE APPLICANT ANNEXURE A11 TRUE COPY OF THE CERTIFICATE DATED 27.05.2023 ISSUED BY THE DISTRICT MEDICAL BOARD, KOLLAM ANNEXURE A12 TRUE COPY OF CERTIFICATE DATED 21.12.2022 ISSUED BY DR. JAMILA K WARRIER ANNEXURE A13 TRUE COPY OF THE RELEVANT PORTION OF A-22012/10/2023-MED-VI-PART(1), DATED 10-11-2023 ANNEXURE A14 TRUE COPY OF DISABILITY CERTIFICATE NO. KL 1350619750198568 DATED 22/11/2023 ISSUED BY DISTRICT MEDICAL BOARD, KOLLAM ANNEXURE R1(A) TRUE COPY OF THE OFFICE ORDER NO.127/23 DATED 10-11-2023 ISSUED BY THE ESIC HEADQUARTERS AND THE RELEVANT PORTION OF THE REPORT OF THE GRIEVANCE REDRESSAL COMMITTEE. ANNEXURE A15 TRUE COPY OF THE EMG/NCS REPORT DATED 28.07.2023 BY SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY (SCTIMST), THIRUVANANTHAPURAM, PRESCRIPTIONS DATED 07.09.2023 AND 12.09.2024 FROM SCTIMST ANNEXURE A16 TRUE COPY OF THE EMAIL REPRESENTATION DATED 09/12/2023 SENT TO THE RESPONDENTS. EXHIBIT P1 TRUE COPY OF THE O.A NO.251 OF 2023 DATED 3-6-2023 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ALONG WITH ANNEXURES EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED O.P.(CAT) No.28/2025 6 2025:KER:26864 12-1-2024 FILED BY THE RESPONDENTS IN O.A NO.251 OF 2023 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P3 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 27-3-2024 FILED BY THE RESPONDENTS IN O.A NO.251 OF 2023 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P4 TRUE COPY OF THE REJOINDER DATED 30.09.2024 FILED BY THE PETITIONER IN O.A. NO.251 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.10.2024 IN O.A. NO.251 OF 2023 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH