Gujarat High Court Upholds Mass Transfer Of ESIC Doctors Challenged For Violating DOPT Guideline On Posting Of Spouses Near Each Other

The Gujarat High Court restored an order transferring nearly 500 doctors of Employees State Insurance Corporation (ESIC), which was earlier set aside by the Central Administrative Tribunal (CAT) on the ground of violating DOPT guidelines regarding posting of spouses near each other. 

In doing so the court found no infirmity in the transfer order challenged on the ground that the respondent doctor had not been accommodated as per posting of his spouse, noting that it was due to administrative exigencies. 

The respondent doctor had had approached the CAT challenging a 2023 mass transfer order citing Department of Personnel and Training (DOPT) guidelines. The tribunal quashed the transfer order against which the ESIC had approached the high court. 

A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order found no merit in CAT interfering with the transfer order only on the premise that the wife of the respondent was working in District Ahmedabad and hence his posting elsewhere would be contrary to the transfer Policy.

It further said:

"In a mass transfer of 500 doctors, no infirmity can be attached to the transfer order on the premise that the respondent / applicant has not been accommodated at the place near the place of posting of his spouse, which is purely in administrative exigencies. With the above, while we do not concur with the order of the Tribunal and set aside the same for the reason given above, we direct that the respondent shall join at the place of posting pursuant to the transfer order dated 20.05.2023 with immediate effect". 

The court however said after joining at the place of transfer, it would be open for the respondent to make an application for adjusting his posting at an appropriate place in light of paragraph 'B (vii)' of the Office Memorandum dated 24.11.2022 (DOPT Guidelines).

Such request, if made, shall be duly dealt with by the petitioner subject to availability of vacancies, keeping in mind the guidelines that all efforts should be made to post spouses at nearest places, as far as possible, the court added.

The CAT had set aside the transfer order dated 20.05.2023 on the ground that the same was in violation of DOPT Guidelines laid down by the Office Memorandum of 24.11.2022. The guidelines require posting of spouses at/near to the posting station of each other in case one of the spouses is in Central Government service and the other is in State Government, subject to availability of vacancies. 

The court noted that the transfer order dated 20.05.2023 pertained to the mass transfer of 500 Doctors of ESI Corporation, after a transfer/posting policy for clinical posting of doctors in ESI Corporation was promulgated on 20.06.2022.

When the respondent had approached the Tribunal, an interim order was passed on 09.09.2024 stating that no coercive steps shall be taken against him, while issuing notice on the interim relief application. 

The respondent doctor had in its reply stated that inspite of setting aside of the transfer order and the stipulation of its implementation within a period of 60 days, the respondent has not been reinstated.

Resultantly the respondent has not been working since the date of his relieving on 29.08.2023, pursuant to the transfer order dated 20.05.2023. 

The court while upholding the transfer order said that the respondent would also be at liberty to move a proper application for the period of his non-working, i.e. from the date of relieving till the date of joining at the transferred place, only after joining at the place of transfer. Such application shall be considered sympathetically the court added. 

At this stage, the respondent's counsel on instructions, said that the respondent is willing and undertakes to join the transferred place and would submit his joining report on or before 14.08.2025. 

"We, thus, provide that after joining, the respondent would be free to move application, which shall be dealt with at the earliest and in a positive manner. It is clarified that the factum of setting aside the order of the Tribunal herein shall not be taken as an opinion drawn by us to reject the request of the respondent to accommodate him at a convenient place near the place of posting of his wife," the court said.

The plea was disposed of. 

Case title: EMPLOYEES STATE INSURANCE CORPORATION & ORS. v/s GAURAV ZALAVADIA

Click Here To Read/Download Order 

Citation: 2025 LiveLaw (Guj) 130