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High Court Sets Aside Tribunal Order on Doctor’s Transfer, Upholds Administrative Exigency

Shivam Yadav

Gujarat High Court overturns CAT order, ruling mass transfers of 500 ESI doctors valid despite spouse posting guidelines. Read the full analysis of the judgment and its implications.

High Court Sets Aside Tribunal Order on Doctor’s Transfer, Upholds Administrative Exigency

In a significant ruling, the Gujarat High Court set aside an order by the Central Administrative Tribunal (CAT) that had invalidated the transfer of a doctor employed by the Employees State Insurance Corporation (ESIC). The Court emphasized the primacy of administrative exigency over individual convenience in large-scale transfers, even when such transfers conflict with guidelines for spousal postings.

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Background of the Case

The dispute arose from a mass transfer order dated May 20, 2023, affecting 500 doctors under the ESIC. Dr. Gaurav Zalavadia, one of the transferred doctors, challenged his relocation before the CAT, arguing it violated the Department of Personnel and Training (DOPT) guidelines. These guidelines, outlined in an Office Memorandum dated November 24, 2022, recommend posting spouses working in central and state governments at nearby stations, subject to vacancy availability.

The CAT had ruled in Dr. Zalavadia’s favor, directing ESIC to reinstate him near his wife’s workplace in Ahmedabad. However, the High Court found this intervention unjustified, given the scale and administrative necessity of the mass transfer.

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Key Observations by the High Court

1. Administrative Exigency Overrides Individual Claims
The bench, comprising Chief Justice Sunita Agarwal and Justice D.N. Ray, noted that accommodating individual requests in a transfer involving 500 doctors was impractical. The Court stated:

“In a mass transfer of 500 doctors, no infirmity can be attached to the transfer order merely because the applicant wasn’t posted near his spouse. Such decisions are bound by administrative exigencies.”

2. Interim Relief and Delayed Implementation
Dr. Zalavadia had been relieved from his post on August 29, 2023, following the transfer order. Though the CAT granted interim relief on September 9, 2024, the High Court pointed out that the order came too late, leaving the doctor without work for over a year. The Tribunal’s final judgment on October 23, 2024, directed ESIC to reinstate him within 60 days, but compliance was delayed, prompting the High Court’s intervention.

3. Future Remedies for the Respondent
While quashing the CAT’s order, the High Court allowed Dr. Zalavadia to rejoin his transferred posting immediately. It also permitted him to apply for a relocation request under Paragraph B(vii) of the DOPT guidelines, which mandates efforts to post spouses nearby. The Court directed ESIC to consider such requests sympathetically, provided vacancies existed.

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Additionally, the respondent was granted liberty to claim benefits for the period he remained unemployed (from August 29, 2023, until rejoining). The Court emphasized that its decision should not prejudice his future requests for a convenient posting.

The ruling underscores the judiciary’s reluctance to interfere in administrative decisions, especially in large-scale operational requirements. It balances individual rights with organizational needs, acknowledging that while spousal posting guidelines are desirable, they cannot override systemic imperatives.

For government employees, the judgment serves as a reminder to:

  • Timely challenge transfer orders to avoid prolonged unemployment.
  • Explore post-transfer remedies, such as relocation requests, within existing policy frameworks.

Case Title: Employees State Insurance Corporation & Ors. vs. Gaurav Zalavadia

Case No.: R/Special Civil Application No. 16734 of 2024