Dismissed¶12

The Director General, Employees State Insurance Corporation and Ors. v. Dr. Manisha Bajaj and Ors.

Calcutta HC9 Jan 2024WP.CT/241/2023

Case brief

AI extract

What is this about?

ESIC transfer-order challenge dismissed: writ petition against Tribunal's interim order dated 15.11.2023 in OA No. 1458 of 2023 staying transfer and release orders of Dr. Manisha Bajaj; Court found only a limited interim order operative, matter returnable same day, declined interference; no costs. Keywords: transfer incident of service, transfer policy, release order, interim order, writ dismissed.

What did the court decide?

This Court was not inclined to interfere with the learned Tribunal's limited interim order and dismissed the writ petition. ¶12

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

¶1

6 09.01.2024 Ct. No. 11 rrc

¶2

WP.CT. 241 of 2023

¶3

(The Director General, Employees State Insurance Corporation & Ors. Vs. Dr. Manisha Bajaj & Ors.)

¶4

Mr. Samrat Chowdhury

¶5

….. For the petitioners

¶6

Mr. Chiradip Sinha Mr. Siddhartha Sankar Mandal Ms. Arunima Das Sharma …… For the respondents

¶7

The present writ petition has been preferred challenging an order dated 15^th November, 2023 passed in the original application being OA No. 1458 of 2023.

¶8

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.

¶9

Mr. Sinha, learned advocate appearing for the respondent no. 1 submits that the daughter of the respondent no. 1 is in the midst of her academic session and the impugned order of transfer has been issued abruptly which severely affects her daughter’s education.

¶10

¶11

The learned Tribunal directed to issue notice upon the petitioners 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 30^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.

¶12

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

¶13

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

¶14

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

¶15

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

The Director General, Employees State Insurance Corporation and Ors. v. Dr. Manisha Bajaj and Ors.

Case brief

What is this about?

What did the court decide?

The Director General, Employees State Insurance Corporation and Ors. v. Dr. Manisha Bajaj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ravi Kumar and Anr. Vs Union of India and Ors.

The Union of India and Ors. Vs Sudip Sarkar and Ors.

Rajesh Bahalia Vs Union of India and Ors.

Atanu Mondal Vs State of West Bengal & Ors.

Minati Bej and Anr. Vs Bharat Sanchar Nigam Limited and Ors.

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