S.Chandrashekar v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.24689 of 2025 S.Chandrashekar
...Petitioner
Vs.
1. The Union Of India Represented By The Regional Director Employees' State Insurance Corporation, Ministry Of Labour And Employment, 143, Sterling Road, Nungambakkam, Chennai600 034.
2.The Deputy Director (Admn.) Corporation, Ministry Of Labour And Employment, 143, Sterling Road, Nungambakkam, Chennai600 034.
3.The Dean Employees' State Insurance Corporation, MC & H, KK Nagar, Chennai-78 ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order in O.A.No.570 of 2025 dated 12.06.2025 passed by the Central Administrative Tribunal (CAT) Chennai bench, rejecting the interim relief and quash the same and consequently, allow the petitioner to continue in the same place at Chennai. For Petitioner : Mr.R.S.Anandan For Respondents : Mr.C.V.Ramachandramurthy for R1 to R3
ORDER
(Order of the Court was made by M.S.RAMESH.J) Being aggrieved by the order of the Central Administrative Tribunal passed in O.A.No.570 of 2025 dated 12.06.2025, refusing to grant interim ex parte relief against the impugned transfer order, the present Writ Petition has been filed.
2. Heard Mr.R.S.Anandan, learned counsel for the petitioner and Mr.C.V.Ramachandramurthy, learned counsel appearing for the respondents 1 to 3.
3. Though several grounds have been raised in this Writ Petition, we have taken into account of the fact that the petitioner's wife had prematurely delivered twin babies, and on a sympathetic consideration, when we had indicated to the petitioner as to whether he would be willing to join the place to which he has been transfered, after one year, he had accepted the offer and has also filed a duly signed affidavit dated 03.07.2025 to that effect. The relevant portion of the affidavit reads as follows:
"3. I respectively submit that because of the family circumstances and for taking care of the twin infant male child, I could not move out from Chennai. Therefore, I may be retained at Chennai for another one more year. I undertake to accept any transfers made after one year as per the transfer policy of ESIC."
4. The aforesaid affidavit is hereby recorded. Consequently, the relieving order issued to the petitioner herein dated 20.05.2025 and 13.06.2025, pursuant to the transfer order dated 06.06.2024, shall be kept in abeyance. The respondent shall pass fresh orders directing the petitioner to join either at ESICH, Tirunelveli, or any other station, with effect from 03.07.2026. Both parties shall bring the present order to the
notice of the Central Administrative Tribunal for further course of action.
5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 03.07.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Issue on 04.07.2025 To
1. The Union Of India Represented By The Regional Director Employees State Insurance Corporation, Ministry Of Labour And Employment 143, Sterling Road, Nungambakkam, Chennai600 034.
2.The Deputy Director (admn) Corporation Ministry Of Labour And Employment, 143, Sterling Road, Nungambakkam, Chennai600 034.
3.The Dean Corporation, Mc And H, Kk Nagar, Chennai-78 4.The Central Administrative Tribunal (CAT), Chennai bench 5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN , J.
Anu and W.M.P.No.24689 of 2025 03.07.2025