CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION No.170/00308/2025 Order Reserved on: 02.12.2025 Date of Order: 09.12.2025 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

Mrs. Reshma A, Aged about 36 years, W/o Sudhakaran P, Working as Senior Geologist at Marine & Coastal Survey Division, Geological Survey of India, Mangaladevi Temple Road, Pandeshwar, Mangaluru, Karnataka 575001 R/at 22-6/956/58(6), Jeppu Market Road, Arekerebail, Gujjarakere, Leevel Post, Mangalore, D.K.-575001 ...... Applicant (By Advocate: Shri.P.P.Hegde, Senior Advocate along with Shri.Kushal.V)

Vs.

1) Union of India, Rep. by Secretary, Ministry of Mines, Government of India, New Delhi-110001.

2) The Director General, Geological Survey of India (GSI), 27 Jawaharlal Nehru Road, Kolkata-700016

3) The Deputy Director General & Head of Department Geological Survey of India Mangaladevi Temple Rd Pandeshwar, Mangaluru Karnataka-575 001 …...Respondents (By Advocate Shri.N.Amaresh for Respondent Nos.1 to 3)

O R D E R

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunal’s Act. 1985 to claim the following reliefs:

“I. Quash the impugned order bearing No.191/111/HRD/Legal/2025/20 dated 09-05-2025 passed by Respondent No.2 rejecting the request of the Applicant for cancellation of her transfer to Bangalore and directing the Applicant to join SU:K & G SR, Bangalore vide Annexure-

A29;

II. Quash the impugned order of transfer bearing No.065/102-A/HRD/Trans (GL)/2025/20 dated 04/04/2025 vide ANNEXURE 'A21' transferring the Applicant from Mangalore to Shillong and modified transfer order bearing dated 17/04/2025 vide ANNEXURE 'A26' passed by respondent No.2 whereby the place of transfer was changed from Shillong to Bangalore; And issue appropriate orders continuing the service of the Petitioner at Mangalore as requested by her in her representation dated 07/04/2022;

III. Pass such other or further order(s) or direction(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in the interest of justice and equity.”

2. The reliefs are claimed based on the grounds mentioned in paragraphs 5(1) to (25) of the Original Application, which reads as follows:

5.1) The applicant had submitted a detailed representation dated 07-04-2025 (produced as ANNEXURE A22) seeking cancellation of her transfer on humanitarian grounds. It was specifically stated therein that her husband, Sri Sudhakaran P, is suffering from a physical disability (50% paralysis on the left side due to polio) and requires constant care and support. The applicant is the primary caregiver for her disabled husband and their two minor children viz., Aghajith S.P., aged 9 years, studying in IVth Standard at Shakthi Residential School, Shaktinagar, Mangaluru, and Aksharathmika S.P., aged 6 years, who is studying in Ist Standard at PM Shri Kendriya Vidyalaya No. 2, Yekkur, Mangaluru, who are also dependent on her for their daily needs and education.

5.2) The said representation was submitted along with a valid disability certificate. It was also communicated through proper channel, Email and RPAD to the Director, GSI, Kolkata, on 06-04-2025 and 07-04-2025. Copy of the Email communication dated 06-04-2025 submitted along with documents attached to email are produced herewith as ANNEXURE A-30.

5.3) However, without any consideration of the genuine grounds urged by the applicant in ANNEXURE A22 andANNEXURE A30, the respondents issued the impugned order merely changing her place of transfer from Shillong to Bangalore. There is no application of mind to the applicant's family circumstances, nor any discussion on the disability of her husband or the needs of her minor children. The impugned communication dated 09-05-2025 vide ANNEXURE A-29, therefore, suffers from gross illegality and arbitrariness.

5.4) Though the impugned order states that the transfer is part of a r