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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Balan C. , S/o. M. Chelliah – Appellant
Versus
Union Of India – Respondent
No, the disability of an employee's dependent child cannot be disregarded as a reason for enforcing a transfer order.
In routine administrative transfers, courts generally do not interfere.[15000539450004] However, when a transfer impacts the rights of a child with disability—such as the right to community life, family environment, and equal dignity—the organization must consider these factors.[15000539450004][15000539450010][15000539450013]
The organization is required to balance its administrative interests against the employee's needs and the child's best interests, including access to established care, schooling, and support systems.[15000539450004][15000539450010][15000539450011][15000539450014] Failure to adequately address the genuine concerns related to the child's disability renders the transfer order illegal.[15000539450010][15000539450013][15000539450014]
The organization must reassess the transfer after evaluating medical reports, living environment, and community life, potentially allowing alternatives like occasional visits instead of relocation.[15000539450011][15000539450012] (!)
JUDGMENT :
A.Muhamed Mustaque, J.
This Original petition arises from an order passed by the Central Administrative Tribunal (CAT), Ernakulam Bench, dismissing a challenge made by the petitioner. The petitioner, a Senior Scientist, working in the Centre for Development of Advanced Computing, Thiruvananthapuram (C-DAC), has been ordered to be transferred to Jammu and Kashmir with immediate effect.
2. The challenge was based on the ground that his son Priyan, 14 years old, suffers from meningomyelocele with 65% locomotor disability. Though several grounds have been raised before CAT, none of them were compelling enough for the Tribunal to interfere with the transfer order.
Tribunal noted that the transfer order was issued in the larger interest of the organisation and, disposed of the application with a further direction that on execution of the project at Jammu and Kashmir, his request for repatriation should be considered, as he is having a child with permanent disability.
3. C-DAC is executing the project of the Master Data Centre in Jammu and Kashmir to upgrade the State data centre to the networking operating centres in Jammu and Kashmir. The project appears to be the brainchild of th
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