Dismissed¶13

The Director General , Employees State Insurance Corporation , and Ors. v. Dr. Nalini Arora and Ors.

Calcutta HC9 Jan 2024WP.CT/236/2023

Case brief

AI extract

What is this about?

ESIC transfer challenge; writ petition against Tribunal order dated 15.11.2023 in OA No. 1461 of 2023 staying transfer and release orders; transfer incident of service urged by petitioners; husband's severe ailments urged by respondent no. 1; limited interim order continuing till next date; writ dismissed, no costs; coram Partha Sarathi Chatterjee and Tapabrata Chakraborty, JJ.; decided 09.01.2024.

What did the court decide?

No relief to the petitioners; writ petition dismissed and no order as to costs. ¶13

The Director General , Employees State Insurance Corporation , and Ors. Vs Dr. Nalini Arora and Ors. — Calcutta HC (2024) — LawSathi Research

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2 09.01.2024 Ct. No. 11 rrc

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WP.CT. 236 of 2023

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(The Director General, Employees State Insurance Corporation & Ors. Vs. Dr. Nalini Arora & Ors.)

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Mr. Samrat Chowdhury ….. For the petitioners

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Mr. Suman Basu …… For the respondents

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The present writ petition has been preferred challenging an order dated 15^th November, 2023 passed in the original application being OA No. 1461 of 2023.

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Mr. Chowdhury, learned advocate appearing for the petitioners submits that transfer is an incident of service and a clause to that effect stands incorporated in the appointment letter of the respondent no. 1. The order of transfer was passed in consonance with the transfer policy and that as such, no interference was called for. However, by the impugned order dated 15^th November, 2023, the learned Tribunal stayed the operation of the transfer order as well as the release order. Let the supplementary affidavit, as filed, be kept on record.

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Mr. Basu, learned advocate appearing for the respondent no. 1 submits that the transfer order and the release order were issued without taking into consideration the fact that the husband of the respondent no. 1 was suffering from severe ailments.

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The learned Tribunal directed the respondent no. 1 to submit a fresh representation and also directed the

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respondent no. 2 to consider the same fixing a time limit and the matter was made returnable on 28^th November, 2023. Instead of arguing the matter on the returnable date, the petitioners filed the present writ petition on 28^th November, 2023. The original application again appeared before the learned Tribunal on 13^th December, 2023. From the order dated 13^th December, 2023 it appears that the matter has been made returnable today directing that ‘interim order(s), if any, to continue till the next date of hearing’ . A limited interim order has been passed by the learned Tribunal and the matter has been made returnable today.

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In the said conspectus, we are not inclined to interfere in the present writ petition and the same is dismissed.

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There shall, however, be no order as to costs.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)

The Director General , Employees State Insurance Corporation , and Ors. v. Dr. Nalini Arora and Ors.

Case brief

What is this about?

What did the court decide?

The Director General , Employees State Insurance Corporation , and Ors. v. Dr. Nalini Arora and Ors.

Case brief

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What did the court decide?

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What the court decided

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