Transfer policies for government employees with caregiving responsibilities must prioritize the well-being of disabled dependents, ensuring legislative protections are respected.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicant has prayed for the following reliefs:

“i. Quash and set aside the policy decision dated 22.09.2022 only, to the extent that it does not include the policy decision dated 08.10.2018 issued by the DoPT, which exempts the primary care givers from routine transfer.

ii. Quash and set aside the order dated 14.06.2023 to the limited extent qua the applicant, who is at Sl. No. 16 of the said order;

iii. Award the cost in favour of the applicant and against the respondents;

iv. Pass such other further order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Leraned counsel for the applicant submitted that the applicant is aggrieved by his transfer from Delhi to Jaipur, ordered on 14.06.2023. Simultaneously, the applicant has also placed a challenge to the policy decision dated 22.09.2022 on the ground that it is contrary to an earlier policy decision dated 08.10.2018, issued by the DoP&T.

2.1. Learned counsel further drew our attention to the various documents annexed with the OA and submitted that the wife of the applicant suffers from serious locomotor disability to the extent of 80% and the applicant is her primary caregiver. Learned counsel further submitted that on account of impugned transfer, the domestic life of the applicant would be severely impacted and the condition of his wife who is already suffering from 80% disability, may be further impaired.

3. Learned counsel for the respondents submitted that the substantial relief in the matter has been granted as the transfer of the applicant has been not given effect.

4. To the above submission of the learned counsel for the respondents, learned counsel for the applicant objected and stated that the main prayer in the present O.A. is a challenge to the policy decision dated 22.09.2022 in light of DOPT OM dated 08.10.2018 and drew our attention to Clause (J) of the decision dated 22.09.2022, which reads as under:

“(J) Spouse Postings & Posting of CSBOs/Tele Supervisors with Disability/Having Dependents with Disability. DoP&T guidelines on postings of spouses at the same station and postings of disabled Government servants/parents of disabled children as amended from time to time will be followed.”

5. Learned counsel for the applicant also drew our attention to the Office Memorandum dated 08.10.2018 with subject Exemption from the routine exercise of transfer/rotational transfer, which reads as under:

“Subject: Exemption from the routine exercise of transfer/rotational transfer.

Considering that transfer of a Government employee who serves as the main care giver of persons with disability would have a bearing on the systematic rehabilitation of persons with disabilities, the Government issued OM of even number dated June 6, 2014 to exempt such employee from routine exercise of transfer/rotational transfer, subject to administrative constraints.

2. The scope of disability initially had covered (i) blindness or low vision (ii) hearing impairment (ii) locomotor disability or cerebral Palsy(iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities, which subsequently, vide OMs of even number dated November 17, 2014 and January 5, 2016, was further extended to include 'Autism', 'Thalassemia' and 'Haemophilia'.

3. With the enactment of the Rights of Persons with Disabilities Act , 2016 on April 17, 2017, the following instructions are issued in supersession of the above- mentioned OMs of even number dated June 6, 2014, November 17, 2014 and January 5, 2016 with regard to the eligibility for seeking exemption from routine exercise of transfer/rotational transfer:

(i) A Government employee who is a c