- 1 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23811 OF 2026 (S-TR) BETWEEN: 1. SRI SANTHOSH S/O LATE SRI. ANNAYYA KOTIAN AGED ABOUT 41 YEARS DENTAL MECHANIC ESIC MC PGIMSR AND MH, RAJAJINAGAR (UNDER TRANSFER TO ESIC DENTAL COLLEGE, KALABURAGI) RESIDING AT NO. 853, GROUND FLOOR, 15TH MAIN, 3RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010. EMAIL SANTHOSH.SANTHOSH@ESIC.GOV.IN SANTHUANNAYYAKOTIAN@GMAIL.COM …PETITIONER (BY SRI. SATYANARAYANA P., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA, ROOM NO.112, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI - 110 001. REPRESENTED BY ITS SECRETARY Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 2. DIRECTOR GENERAL EMPLOYEES STATE INSURANCE CORPORATION, HEAD OFFICE PANCHDEEP BHAVAN, CIG MARG, NEW DELHI-110 002. PH. NO 011-23235391/23232708 EMAIL DIR-GEN@ESIC.GOV.IN 3. THE REGIONAL DIRECTOR, REGIONAL OFFICE EMPLOYEES STATE INSURANCE CORPORATION NO. 10, BINNYFIELDS, BINNYPETE BENGALURU - 560 023. PH. NO 080 26742485 EMAIL RD-KARNATAKA@ESIC.GOV.IN 4. THE DEAN, THE ESIC MC PGIMSR AND MODEL HOSPITAL - RAJAJINAGAR 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010. PH. NO 080 23325130/23320271 EMAIL DEAN-RAJAJINAGAR.KA@ESIC.NIC.IN 5. THE DEAN ESIC MC AND HOSPITAL - KALABURAGI SEDAM ROAD, KALABURAGI (GULBARGA) - 585 106 PH. NO. 08472-265546/47/48 EMAIL DEANMC-GB.KAR@ESIC.NIC.IN …RESPONDENTS (BY SRI. SHUBHA S., CGC FOR R1; SRI. D. BASAVARAJ, ADVOCATE FOR R2 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING/ - 3 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 SETTING ASIDE THE IMPUGNED OFFICE ORDER NO 42(MA) OF 2026 BEARING VIDE NO.53/A/22/15/01/GR.B AND C/2025/RO.MED(ADMN) TRANSFERRING THE PETITIONER ESIC MC PGIMSR AND MH, RAJAJINAGAR TO ESIC DENTAL COLLEGE, KALABURAGI ISSUED BY THE RESPONDENT NO. 3, THE REGIONAL DIRECTOR THROUGH THE JOINT DIRECTOR, ESIC REGIONAL OFFICE, BENGALURU DATED 09.04.2026 PRODUCED HEREWITH AS ANNEXURE-A, SUPPLEMENTARY SPEAKING ORDER VIDE IN FILE NO. 53/A/22/15/032021/RO/EMD(ADM) PART (1) DATED 06/07/2026 ISSUED BY THE R3 THE REGIONAL DIRECTOR, ESIC REGIONAL OFFICE, BENGALURU IN CORRIGENDUM TO THE SPEAKING ORDER DATED 01.06.2026 PRODUCED AS ANNEXURE-B AND THE RELIEVING ORDER VIDE NO. 532/A/20/18(88)/11-12/ESTT. DATED 24/07/2026 ISSUED BY THE R3, THE REGIONAL DIRECTOR THROUGH THE JOINT DIRECTOR, ESI REGIONAL OFFICE, BENGALURU PRODUCED AS ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The present petition has been filed seeking for issuance of appropriate writ to set aside the impugned office order at Annexure-A as well as the corrigendum to the speaking order at Annexure-B and relieving order at Annexure-C. The office order at Annexure-A relates to the transfer of the petitioner to the dental college at Kalaburgi. - 4 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 Other orders are incidental to such order of transfer. The petitioner admittedly is an employee of ESIC i.e., the Employee State Insurance Corporation. Under the Administrative Tribunals Act, Section 14 sub clause (2) and (3) reads as hereunder: (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub- section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies]. (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court in relation to- (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of - 5 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 such local or other authority or corporation [or society]; and (b) all service matters concerning a person [other than a person referred to in clause (a) or clause(b) of sub-section (1)) appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs. 2. In terms of Section 14(3)(b), all service matters concerning affairs of authority or corporation would be exclusively dealt with by the Central Administrative Tribunal. In terms of Section 14(2), the Central Government has been conferred with power to make notification of corporations making applicable Section 14(3) to employees of such corporations. In terms of the notification containing list of corporations in terms of Section 14(2) of the Act of 1985, the Employees State Insurance Corporation is found at serial No.2. Copy of the said notification is produced. - 6 - HC-KAR CNR: KAHC010531262026 NC: 2026:KHC:53496 WP No. 23811 of 2026 3. In light of the same, the petitioner is relegated to avail of remedy before the Central Administrative Tribunal. 4. Accordingly, the petition is disposed of. 5. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE SKS