Transfer policies must accommodate employees who are caregivers for differently abled children, ensuring their welfare is prioritized during administrative actions.

ORDER (ORAL)

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

In this case relating to transfer, the applicant has sought the following reliefs:

“(i) This Hon’ble Tribunal may kindly be pleased to quash the impugned order dated 8.11.2024 (contained in Annexure No. A-1 to this O.A.) so far it relates to the applicant, issued by respondent No. 3.

(i)(a)The Hon’ble Tribunal may further be pleased to quash the alleged order dated 3.12.2024 filed by the respondents as Annexure No. O-14, page No. 44 of the objections filed by the respondents on 9.12.2024, in its totality.

(ii) To direct the respondent No. 3 not to create hindrance/interference in research work of project “Morpho-anatomical and quality attributes characterization in sidecordiolia L. for high root biomass yielding genotypers” conceptualized by the applicant, endorsed and approved by the respondent No.3, funded by Ministry of Ayush, Government of India, except for the purposes of administration only.

(iii) To pass such other orders which are found just fit and proper under the circumstances of the case.

(iv) To allow the original application with cost.”

2. The facts of the case are that the applicant, working as Senior Scientist under the respondents in the Council of Scientific & Industrial Research (CSIR, hereafter) - Central Institute of Medicinal & Aromatic Plants (CIMAP, hereafter), was transferred from Lucknow to join at Pantnagar vide order dated 08.11.2024. He preferred a representation dated 11.11.2024 which came to be rejected vide order dated 03.12.2024 also relieving the applicantfrom Lucknow. Aggrieved, the applicant has preferred this OA.

3.1 The applicant states that his son was diagnosed with “autism spectrum disorder” in 2022 and is taking treatment from King George’s Medical University (KGMU) Lucknow since 16.01.2023. It is stated that his son suffers from 60% disability. CSIR-CIMAP has not issued any transfer policy for its scientists. Office memorandum (OM, hereafter) dated 06.06.2014 of the Department of Personnel & Training (DoPT, hereafter) exempts transfer of those employees who are the main care giver of differently abled child. It would be difficult for the special needs child, who has been studying in DOSTI since July 2021, to adjust to new environment. It is stated that the applicant’s son was treated for epilepsy in June, 2024 in Regency Health Lucknow. In support, the applicant has cited judgment dated 01.08.2017 of the Mumbai Bench of this Tribunal in OA No. 383 of 2017 Dr. Sanjeev Kumar Singh vs UOI & Ors.

3.2 It is contended by the applicant that he has written a book titled “Valmiki Ramayan me Varnit Paudhonka Aushdhiya Mahatva” with the consent and approval of respondent no. 3 who added names of Dr. Karuna Shanker and Dr. Ramesh Kumar as co-authors through remarks dated 05.04.2024 and when the applicant protested orally, respondent no. 3 threatened the applicant with the words “do your job and don’t behave like a Neta otherwise the projects and research going on in CIMAP by you shall also be snatched from you and it shall be published in the name of some other scientists and your career will be ruined.” It is further contended that respondent no. 3 has carried out the threat by calling requisition from Pantnagar, reconstituting the micromanagement committee, consideration of proposal of transfer and issuance of transfer order on the same day itself.

3.3 It is also contended by the applicant that he is in-charge of Botany and Pharmacognosy Lab, National Herbarium of Medicinal and Aromatic Plants, a national repository so designated by National Biodiversity Authority and also of the crude drug depository and that it is not possible for him to maintain the said depositories from a distant place, as no expert in pharmacognosy is available at CIMAP Lucknow other than the applicant.

4.1 The respondents state that CSIR-CIMAP is one of the 37 laboratories/institutes of CSIR. It has it