CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI.

ORIGINAL APPLICATION No.826/2025 Date of Decision: 01^st December, 2025.

Coram: Hon'ble Shri Justice M.G. Sewlikar, Member (J)

Hon'ble Shri Sangam Narain Srivastava, Member (A)

Nishant Shankar Bhagat Architect, Central Public Works Department Western Region, Mumbai Residing at: A Block, Flat No. 2, Ground Floor, Hyderabad Estate, Nepean Sea Road, Malabar Hills, Mumbai 400006. Mob-75038/2444. …. Applicant (By Advocate Shri Vijay Singh a/w Mrs. Mohini A Rehpade i/b Desai Legal Adv. & Associates)

Versus

1. Union of India, Through the Secretary, Ministry of Housing and Urban Affairs, New Delhi – 110011.

2. The Director General Central Public Works Department Nirman Bhawan, New Delhi – 110011.

3. The Special Director General (HQ.)

Central Public Works Department Nirman Bhawan, New Delhi-110011.

4. The Special Director General CPWD, Mumbai Region (Western Region), Mumbai 400020.

5. Deputy Director General (Personnel)

Central Public Works Department Nirman Bhawan, New Delhi 110 011.

... Respondents (By Advocate Ms. J.K. Rehel)

ORDER (Oral)

Per : Justice M.G. Sewlikar, Member (J)

We have heard the learned counsel for the applicant and learned counsel for the respondents.

2. The applicant is challenging the order of his transfer dated 13th June, 2025 (Annexure A-1). His name appears in List B at Sr.No.4 in the order of transfer.

3. Learned counsel for the applicant contends that the applicant is suffering from Cervical Tuberculosis. According to the learned counsel for the applicant, the applicant is unmarried. He has the responsibility of his parents, who are above 80 years of age. In support of his contention that he is suffering from Cervical Tuberculosis, the applicant has annexed the certificate issued by the Consultant Physician & Critical Care Specialist Bombay Hospital & Medical Research Centre dated 17th June, 2025. Learned counsel for the applicant submits that the applicant is undergoing treatment and that, if the applicant is transferred, the treatment will get disturbed which will ultimately affect his health adversely. He, therefore, submits that the order of transfer be set aside. He further submits that the treatment of the applicant is likely to be over by the end of this academic year and hence the applicant be retained at the present place till the end of this academic year. He will join the transferred place in the month of June, 2026.

4. On the last date, learned counsel for the applicant had given the same undertaking. We had asked learned counsel for the respondents to ascertain from the respondents whether they were ready to accept this undertaking. The respondents have filed a letter to the effect that the applicant should join the transferred place and should take leave. Learned counsel for the applicant submits that the entire medical leave of the applicant has been exhausted.

5. The order of transfer was issued in the month of June, 2025. We are almost at the close of the year 2025. Only five months are left for the end of this academic year.

6. In this view of the matter, we deem it appropriate to set aside the order of the respondents dated 13th June, 2025 subject to the undertaking to be given by the applicant within a week from today.

7. The order of the respondents is set aside to the extent of the applicant. The applicant to give undertaking within a week from today stating that he will join the transferred place i.e., Chandigarh in the last week of May i.e., on 25th May, 2026. If the undertaking is not given within a week, the order dated 13th June, 2025 (Annexure A-1) shall stand revived.

8. With these directions, Original Application stands disposed of. Pending MAs, if any, stand closed. No costs.

(Sangam Narain Srivastava) (Justice M.G. Sewlikar)

Member (A) Member (J)

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