Dr. Sumith Sivanand vs Union Of India & Ors.

Applicant is an Insurance Medical Officer under the 2^nd respondent Corporation. While working at ESIC Model and Super Speciality Hospital, Asramam, Kollam he was transferred to Dispensary cum Branch Office (DCBO), Munnar by Annexure A-1 order dated 10.09.2018. Against the transfer, he made Annexure A-5 representation which was rejected by Annexure A-7 order. Now validity of Annexure A-7 order is under challenge.

Today, when the O.A was taken up for final hearing, it has been submitted by the learned Counsel for the applicant that the transfer has already taken effect and the applicant is presently working at Munnar. Now, more than 5½ years have elapsed and he has completed his tenure at Munnar and time is due to get transfer from Munnar. He wants to give a fresh representation for granting transfer. According to the learned Counsel for the applicant, he would be satisfied, if liberty is granted to submit representation for transferring him back to the old station, commensurate with his status as Senior Medical Officer.

The applicant was transferred to Munnar on 10.09.2018; he was relieved from Kollam on 11.09.2018. That means he is nearing six years service in Munnar. That means, he can legitimately expect a transfer from Munnar, a hard station. Accordingly, the applicant is given liberty to submit a fresh representation for transfer within 15 days from today which shall be considered and disposed of within 60 days from the date of receipt of the representation.

The O.A is disposed of as above. No costs.

Annexure A-1- Copy of the order dated 10.09.2018 issued by the respondent No.4.

Annexure A-2- Copy of the relieving order dated 11.09.2028 issued by the respondent No.5.

Annexure A-3- True copy of the order dated 13.07.2018 issued by the 4 respondent.

Annexure A-4- True copy of the pay slip of the applicant for the month of August, 2018.

Annexure A-5- True copy of the representation dated 21.09.2018 submitted by the applicant before the 3 respondent

Annexure A-6- True copy of the order dated 27.09.2018 in O.A No. 797/2018.

Annexure A-7- Copy of the order dated 16.11.2018 issued by the 3 respondent

Annexure A-8- True copy of the order dated 30.10.2017 in O.A 812/2017.

Annexure R2(A)- True copy of the offer of appointment Memorandum No. A-12(13)-1/Kerala/2009-Med-IV/Col-IV dated 03.08.2009 vide the applicant.