O R D E R (ORAL)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) Issue a writ of certiorari or any other order quashing the impugned order No. CSB-48(9)/2013-ES.I dated 15^th March, 2024 passed by the 2^nd Respondent which has been produced as Annexure-A3 as the said order is illegal, unjust, arbitrary, capricious, and irrational and violate of Articles 14, 16 and 21 of the Constitution of India, apart from being contrary to the principles of natural justice.

(ii) Issue a writ of mandamus or any other appropriate Writ, Order, or Direction, directing the respondents to consider the applicant’s plea for posting either nearer to his native place, or to retain in any units at Bangalore. At least consider his posting near to his native place of Trivandrum in accordance with CSB Transfer Policy 2018 and the guidelines contained in DoPT’s O.M. dated 10.05.1990, 13.03.2002 & 02.02.2024.

(iii) Pass any such other orders or issue such other directions as this Hon’ble Tribunal deems fit in the facts and circumstances of the case in the interest of justice and equity.”

2. Facts in brief as stated by the applicant are that he belongs to SC category and he was initially appointed at Central Silk Board (CSB), Bangalore as Assistant (Tech) under Physically Handicapped quota, being a person with disability category (hearing impairment), vide Memorandum dated 19.07.2006. Subsequently, he was promoted to higher grades and presently working as Assistant Secretary (Tech). The applicant has been transferred from Bangalore (Karnataka) to Kolkata (West Bengal) vide the impugned order dated 15.03.2024. The said order came to be issued to the applicant on 16.03.2024 and he stands relieved of his duties on the same day. Being aggrieved, the applicant has preferred this OA.

3. Learned counsel Shri Sampangi Ramaiah representing the applicant submits that the applicant being categorised as permanent disability of hearing impairment permanently, which was about more than 52% at the time of appointment but now heavily infected in both the ears, he is undergoing medical treatment at CSB recognized hospitals in Bangalore and he has been advised to undergo surgery for his hearing impairment. That being the situation, the impugned transfer order issued by the respondent Board is untenable and runs contrary to the guidelines issued by the Department of Personnel & Training (DOPT), Government of India OM dated 10.05.1990 and 13.03.2002 regarding posting of physically handicapped candidates. Placing reliance on DOPT OM dated 02.02.2024 and the transfer policy of the Central Silk Board framed during 2018, learned counsel submitted that the request of the applicant for transfer to or near his native place ought to have been considered instead of transferring him to Regional Office, Kolkata.

4. Learned counsel Shri Vishnu Bhat representing the respondents justifying the impugned orders submitted that the appointment order dated 19.07.2006 issued to the applicant stipulates in para 7, a condition indicating the applicant's liability for transfer to any location within India. Additionally, para 8 of the appointment order underscores the necessity for the applicant to report for duty upon acceptance of the terms and conditions outlined in the appointment order. By joining the Board's service on 14.08.2007, the applicant effectively signified his acceptance of the terms and conditions as prescribed by the Central Silk Board in the appointment order. The applicant has been officially transferred from Central Office, CSB, Bangalore to the Regional Office, CSB, Kolkata in the public interest to fulfil the operational needs of the unit. Subsequently, the applicant was relieved of the duties at the Central Office on 16.03.2024 with instructions to report for duty at the designated place of posting. The applicant, classified as a Group-A officer, hails from Trivandrum, Kerala. Within the State of