Heard Mr.Prathap Advocate representing Mr.P.Ramakrishnan, learned counsel for the applicant.  Mr.T.V.Ajayakumar learned standing counsel for the ESIC takes notice on behalf of respondents ESI Corporation.

Applicant is aggrieved by Annexure A-2 transfer order which according to him has been issued without application of mind especially in view of the circumstance that many of the personnel mentioned in Annexure A-2 are already resigned or left by way of inter-regional transfer to other regions.  The next ground raised by the applicant is that in Annexure A-1 notification issued by the respondents while inviting applications for recruitment of staff in various para-medical cadres, it has been specifically mentioned by way of an "important note", which reads :-

 "The vacancies are in various ESIC Hospitals of the ESI Corporation of the State.  Those candidates who are willing to accept the posting any where Specified in the State and are willing to be transferred in any part of India on promotional posts, as per policy of ESIC, need apply.  The candidates so appointed for the above mentioned posts shall be appointed in the State for which application is submitted and are liable to transferred in any Medical Institution/Establishment/SSMC Office in that state and also liable to be transferred in any part of India on promotional posts as per policy of ESI Corporation.  "

 According to the  counsel for the applicant, the above note specifically mentioned in Annexure A-1 creates a right on the applicant to remain posted in the State of Kerala until he is promoted to the higher grade. Shri.T.V.Ajayakumar learned counsel for the respondents fervently opposed the prayer for interim relief sought for by the applicant.

We find some force in the above contentions of the learned counsel for the applicant.  In the circumstance, we are inclined to direct the respondents to keep the operation of Annexure A-2 in abeyance qua the applicant.

 List on 18.12.2017.

  Issue a copy of this order to the learned counsel for respondents.