The authority must provide reasoned decisions when rejecting transfer requests, adhering to guidelines for posting spouses at the same station.

ORDER

Applicant before this Tribunal is challenging the impugned order dated 01.06.2023 (Annexure A-1) and order dated 14.11.2023 (Annexure A-2) by which the prayer of the applicant has been rejected.

2. Brief facts of the case are as under :

2(a). That the applicant was initially appointed as Scientific Assistant-B on 25.02.2017 and was promoted to the post of Scientific Assistant-C. It is submitted on 20.06.2022, he has submitted a request to posting on a spouse ground and requested for a transfer in any Department of Atomic Energy unit located in Rajasthan.

2(b). It is submitted that Office Memorandum dated 30.09.2009 (Annexure A-7) issued by the DoPT on the subject of “Posting of husband and wife at the same station” clearly provides that in view of the utmost importance attached to the enhancement of women’s status in all walks of life and enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DoPT in OMs dated 03.04.1986 and 12.06.1997 for posting of husband and wife who are in Government service, at the same station.

2(c). The department on 23.08.2004 issued instructions to all the Ministries / Departments to follow the above guidelines in letter and spirit. In the aforesaid OM, clause 4(viii), in which the applicant’s case is covered as the wife of the applicant is serving in the State of Rajasthan. Therefore, detailed representation was submitted to the authorities, one of which is dated 23.11.2021, however, by impugned communication without assigning any reason, the same was rejected. Therefore, it is prayed that taking note of the aforesaid guidelines, impugned order may be quashed and the respondents may be directed to consider the case of the applicant for transfer to DAE Unit at Rajasthan as per DoPT OMs dated 30.09.2009 and 24.11.2022.

3. After notice, official respondents have filed their reply and contested the OA. It is stated that within a short period of completing one year of service, the applicant submitted a representation dated 04.05.2018, explaining personal hardships and seeking a transfer to any one of the DAE units in Rajasthan. Although BRIT has a Regional Centre in Kota, Rajasthan, it is submitted that in BRIT the library exists only at its Head Office at Mumbai and the applicant is the first librarian recruited for the same. At that time, the modernization and automation of the existing library were in progress, and therefore, his application for transfer to any of the DAE units in Rajasthan was not forwarded as the post of librarian was very crucial for the automation of the existing library. Accordingly, the transfer requests were not considered due to administrative exigencies.

3(a). It is stated by the respondents that the applicant submitted another representation dated 23.05.2018, seeking a transfer to HWB-DAE, Kota, Rajasthan, on compassionate and family grounds (Annexures A-6). With a view to consider his aforesaid transfer request on humanitarian grounds, his request was forwarded to other constituent units of DAE, having their Regional Offices in Rajasthan, i.e., HWB, Mumbai; NFC, Hyderabad; and AMD, Hyderabad. (Annexures A-6). NFC, Hyderabad, vide note dated 25.02.2019, informed that there is no post for Library Science at Kota. This was conveyed to the applicant via note dated 08/03/2019.

3(b). It is stated that further, AMD, Hyderabad, vide note dated 05.03.2019, informed that the Competent Authority did not accede to his request for transfer. This was communicated to the applicant via note dated 19.03.2019. Additionally, HWP, Kota, in a note dated 14.03.2020, confirmed that there is no post for Library Science at Kota.

3(c). The applicant submitted another representation dated 23.11.2021, seeking a transfer to any of the DAE units located in Rajasthan on personal grounds. This request was again forwarded to AMD, Hyderabad; NFC, Hyderabad; and HWB, Mumbai for consideration. HWP, Kota, vide note dated 16.02.2023 informed