CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 240 OF 2023 Reserved on :06.01.2026 Pronounced on :07.01.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Dr. Israil Khan, Emp. Id. 112320, aged about 48 years, S/o Ibrahim Khan, Director, Geological Survey of India, Odisha, At Nayapalli, Unit VIII, Bhubaneswar 751012.

……Applicant VERSUS

1. Union of India represented through Secretary to Government of India, Ministry of Mines, At Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi -

110001.

2. Director General, Geological Survey of India, 27, Jawaharlal Nehru Road, Fire Brigade Head Quarter, New Market Area, Dharmatala, Taltala, Kolkata, West Bengal, 700016.

3. Addl. Director General, AdSS, HRD, , 27, Jawaharlal Nehru Road, Fire Brigade Head Quarter, New Market Area, Dharmatala, Taltala, Kolkata, West Bengal, 700016.

4. Deputy Director General, State Unit, Geological Survey of India, Odisha, At Nayapalli, Unit VIII, Bhubaneswar – 751012, Odisha.

……Respondents For the applicant : Mr. S K Nayak, counsel For the respondents: Mr. Amrit Mishra, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the order dated 03.05.2023 has filed this OA praying for following reliefs:

a) To allow the Original Application.

b) To quash the Order 089/012/HRD/JAG-

NFSG/(GL)/2023/20 under Annexure A/1 in respect of the applicant placed at Sl. No. 16 of that transfer list;

c) To quash the speaking order dated 03.05.2023 vide Annexure A/7, the respondents not to disturb the applicant and to treat the applicant differently;

d) To pass any further order/orders as deem fit and proper in the facts and circumstances of the case.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that while working in Bhubaneswar under the respondent department he was transferred vide order dated 24.03.2023 to Nagpur. It is submitted that applicant had submitted a representation dated 27.03.2023 and had filed OA No. 167/2023 taking the ground of violation of DOPT OM dated 08.10.2018 regarding exemption from routine exercise of transfer/rotational transfer to employees who serves as main caregivers of handicapped dependents since his son is suffering from hearing impairment. It is submitted that the OA was disposed of vide order dated 113 .04.2023 directing the respondents to dispose of his representation and till then not to relieve him. It is submitted that vide order dated 03.05.2023 rejecting the same and stating that medical certificate on disability of his son was issued on 26.10.2015 and now the present health status of the son of the applicant cannot be assessed as he has not submitted any medical report of recent time. Hence the OA.

3. It is submitted that the transfer of the applicant along with 33 other officers was decided on the recommendations of a well constituted Collegium headed by a HAG Level officer on 09.03.2023 accepted by the Director General, GSI with the concurrence of the Ministry of Mines on 24.03.2023. It is submitted that transfer was done on the functional requirement in a fair just and transparent manner without any prejudice or bias following the set practices and guidelines. It is submitted that the central collegium was not aware of anything specific regards to the applicants entitlement for protection from rotational transfer and posting. It is submitted that failure on the part of the applicant to produce the updated certified documents conveying the Be4n chmark disability of his son as mentioned under Section 2(r) of the Rights of Persons with Disability Act, 2016 is the prime reason for non consideration of the request of the applicant by the respondent. It is submitted that the respondents are yet to receive updated disability certificate from the certified authority with benchmark disability percentage as per the 2018 Government of India guidelines.

4. The applicant has filed rejoinder wherein reiterating the stand taken by him in the OA has