Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 2770

CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Anindo Majumdar, JJ
Shantanu Mukherjee – Appellant
Versus
Department Of Telecommunication – Respondent
O.A./170/2025

Advocates:
Mr. Arpa Chakraborty, Counsel; Mr. A. Chakraborty, Counsel; Ms. P. Mondal, Counsel; Mr. C. S. Bag, Counsel

The Tribunal emphasized the right of employees with disabilities to seek exemptions from routine transfers, mandating reconsideration of transfer orders based on caregiving responsibilities.

Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Rights of Persons with Disabilities Act, 2016 - Exemption from routine transfer for caregivers of persons with disabilities - The applicant, a government employee, sought cancellation of transfer orders citing his and his dependents' disabilities. The Tribunal emphasized the need for reconsideration of the case under relevant policies and laws. (Paras 2, 3, 4, 9)

(B) Disability and Employment - The Tribunal recognized the rights of employees with disabilities and their caregivers to seek exemptions from routine transfers, highlighting the importance of considering the welfare of disabled dependents. (Paras 3, 4, 9)

Facts of the case:
The applicant, suffering from hearing impairment and with a disabled son, challenged multiple transfer orders, arguing for exemption based on his caregiving responsibilities as per relevant laws and policies.

Findings of Court:
The Tribunal directed the respondents to reconsider the applicant's case in light of the applicable policies regarding disability and transfers, ensuring a fair hearing and a reasoned decision within four weeks.

Issues: The main issues included the validity of the transfer orders in light of the applicant's disabilities and the applicable exemption policies.

Ratio Decidendi: The Tribunal ruled that the applicant's case must be reconsidered under the DOPT OM and BSNL’s Employee Transfer Policy, emphasizing the need for a reasoned decision considering the applicant's caregiving role.

Result: OA stands disposed of.

CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/170/2025 Date: 12.03.2025 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Anindo Majumdar, Administrative Member Shantanu Mukherjee, S/o late Dipak Chandra Mukherjee, aged about 51 years, working as Accounts nd Officer, BSNL, residing at 60/2 Lenin Sarani, 2 Floor, Flat No. 9, Kolkata- 700013.

…………..Applicant.

-versus-

1. Union of India through the Secretary, Department of Telecommunication, Ministry of Communication, Sanchar Bhawan, 20, Ashoka Road, New Delhi-

110001.

2. Chairman & Managing Director, Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

3. Director HR, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

4. Director Finance, ESTT, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-

110001.

5. Chief General Manager, Bharat Sanchar Nigam Limited, West Bengal Telecom Circle, CTO Building, st th

1 Floor, 8 Red Cross Place, Kol- 700001.

6. Chief General Manager, Bharat Sanchar Nigam th Limited, Assam Telecom Circle, BSNL Bhawan, 4 Floor, Panbazar, Guwahati- 781001.

7. Assistant General Manager (Pers. II(I), Pers Branch Sea Section, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

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8. Assistant General Manager (SEA), SEA Section, Establishment Finance Branch, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

…………….Respondents.

For the Applicant : Mr. Arpa Chakraborty, Counsel Mr. A. Chakraborty, Counsel Ms. P. Mondal, Counsel For the Respondents : Mr. C. S. Bag, Counsel O R D E R (ORAL)

Per: UrmitaDatta (Sen), Judicial Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act , 1985, praying for the following relief:

“(i) Pass an order for cancelling the Impugned Office Order No. WBCO- 41/11(23)/4/2024-FIN/1144682 dated 29.01.2025 issued by Chief General Manager, West Bengal Telecom Circle, BSNL arising out of O.A. No. 350/1818/2024 in Hon’ble CAT, Kolkata Bench.

(ii) Pass an order for cancelling the Impugned Transfer Order No. 3-3/2019-SEA- BSNL dated 05.09.2019.

(iii) Pass an order for cancelling the Impugned Order No. BSNLCO-SEA/11(5)/2023-SEA dated 04.10.2023 for struck off the applicant from West Bengal Telecom Circle , BSNL, Kolkata Order No. WBCO-41/11(23)/6/2023-FIN dated 05.10.2023 for relieving of the applicant from West Bengal Telecom Circle, BSNL and subsequent posting order no. ASM/CA/Staff/STS/2023-2024 dated 06.10.23 issued by Assam Telecom, BSNL for posting of the applicant at Dibrugarh.

(iv) Pass an order for posting of the applicant at any BSNL Office in Kolkata which is his home town/native place on the ground of immunity available to him due to the permanent benchmark disability of the applicant as well benchmark disability of his minor son as per law.

(v) Pass an order for cancelling the Impugned Office Order dated 12.11.2024 issued by AGM(SEA) Section BSNL, BSNL Bhawan, Janpath, New Delhi- 1.

(vi) Pass such other order or orders, direction and/or directions as your Lordships may deem fit and proper.”

2. Learned counsel for the applicant submits that the son of the applicant is basically suffering with disability of Autism with 61% and his wife is suffering from

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2025 Supreme(Online)(CAT) 2770

CENTRAL ADMINISTRATIVE TRIBUNALUrmita Datta (Sen), Anindo Majumdar, JJShantanu Mukherjee – AppellantVersusDepartment Of Telecommunication – RespondentO.A./170/2025

The Tribunal emphasized the right of employees with disabilities to seek exemptions from routine transfers, mandating reconsideration of transfer orders based on caregiving responsibilities.

CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Anindo Majumdar, JJ
Shantanu Mukherjee – Appellant
Versus
Department Of Telecommunication – Respondent
O.A./170/2025