The Court emphasizes the necessity of a reasoned order regarding transfer exemptions for caregivers under the BSNL Transfer Policy.

Ms. Harvinder Kaur Oberoi, Member (J)

The present Original Application has been filed by the applicant seeking the following reliefs:

“A. Quash or set aside the impugned transfer order dated 30.05.2025 to the extent it affects the Applicant at the Serial no. 5 of the said transfer order.

B. Direct the Respondents to grant benefit of Clause 6(i) of the BSNL Transfer Policy to Applicant and accordingly, grant him exemption from the impugned transfer.

C. Set aside any relieving order, if any, asking him to report at some place other than BSNLCO.

D. Direct the Respondents to post the Applicant at Corporate Office, New Delhi on a similar post that commensurates to his level or at any other place closer to Gurgaon, in case someone else has been posted at Applicant's place.

E. Pass any other order this Hon'ble tribunal may deem fit.”

2. The learned counsel for the applicant submits that the applicant is serving as Junior General Manager, BSNL, presently posted at Delhi. He is aggrieved by the transfer order dated 30.05.2025 whereby he has been transferred from Delhi to Odisha. It is submitted that the applicant’s younger brother is suffering from mental illness. Earlier, the applicant’s mother used to take care of his younger brother. After the death of the applicant’s mother in the year 2019, the responsibility of care has fallen solely upon the applicant.

3. It is further stated that the applicant had earlier been transferred in the year 2021. At that time, on his request on the ground of illness of his brother and being the sole caregiver, the respondents had considered his application, modified the transfer order, and retained him at Delhi. The applicant, through proper channel, submitted a representation dated 24.11.2021 to the Director (HR), New Delhi, seeking incorporation of his dependent mentally-ill brother as a family member. According to him, the said representation is still pending consideration with the respondents.

4. The learned counsel for the applicant has relied upon Clause 6.1 of the BSNL Transfer Policy as amended on 14.03.2024 which, inter alia, provides as under:

“Clause 6(1): An employee who is a care giver of dependent daughter/son/parents/spouse/brother/sister with 'Specified Disabilities', as certified by the certifying authority as a person with benchmark disabilities as per Section 2(r) of the RPWD Act - 2016, may be exempted from the routine exercise of transfer / rotational transfer subject to administrative constraints. The term 'Specified Disability' in the Schedule to RPWD Act -2016 include.....

1. Physical Disability:

A. Locomotor Disability including (a) Leprosy Cured Person (b) Cerebral Palsy (c) Dwarfism (d) Muscular Dystrophy (e) Acid Attack victims NTS B. Visual Impairment including -

(a) Blindness (b) Low-vision C. Hearing Impairment including -

(a) Deaf (b) Hard of Hearing D. Speech and Language Disability 2. Intellectual Disability including -

(a) Specific Learning Disabilities (b) Autism Spectrum Disorder

3. Mental Illness

4. Disability caused due to -

(a) Chronic Neurological conditions, such as-

(i) Multiple Sclerosis (ii) Parkinson's Disease (b) Blood Disorder -

(i) Haerophilia (ii) Thalassemia (iii) Sickle Cell Disease”

5. It is argued that in view of Clause 6.1, an employee who is the sole caregiver of a dependent suffering from mental illness or disability may be exempted from transfer. Therefore, the applicant ought to have been considered for exemption from transfer or, at least, posted to one of the seven alternative stations indicated by him.

6. Per contra, learned cou