CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD HYDERABAD, this the 13^th day of March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Ch. Sirisha, W/o Ch. Ramesh, Aged 36 years, Occ: Upper Division Clerk (Group 'C'), O/o Defence Estates Officer, Telangana & Andhra Pradesh Circle, City Civil Court Compound, Sardar Patel Road, Secunderabad- 500 003. R/o. Flat NO.103, Hi Life Sunrise Apartments, Road No.11, Old Bowenpally, Secunderabad-500011.

....Applicant (By Advocate: Mr. KRKV. Prasad)

Vs.

1.Union of India Rep. by The Director General, Defence Estates, Raksha Sampada Bhawan, Ulaan Baatar Marg, Delhi Cantt., New Delhi-110 010.

2. The Principal Directorate, Defence Estates, Government of India, Ministry of Defence, Southern Command (Near ECHS Polyclinic) Kondhwa Road, Pune 411 040.

3. The Defence Estates Officer, Telangana & Andhra Pradesh Circle, City Civil Court Compound, Sardar Patel Road Secunderabad-500 003.

4. The Defence Estates Officer, Bhopal Circle, Bhopal E-7/844, Arera Colony Bhopal, Madhya Pradesh- 462016.

.... Respondents (By Advocate: Mrs. B. Gayatri Varma, Sr. CGSC)

-----

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant has sought the following relief:

“…….to call for the records pertaining to letter issued from File No. 102/16/POLICY/ADM/DE/2022 (FMS ID-70122), dated 23.05.2023; Transfers/Posting of Upper Division Clerk Order No. 551/ICT/DE/Vol-II/3, dated 15.06.2023; and reply to the representation given vide Letter No. 551/ICT/DE/Vol-II/DE dated 12.07.2023; and set aside and quash the transfer order dated 15.06.2023 along with any other consequential proceeding to the extent of the applicant along with reply dated 12.07.2023, by declaring that the letter dated 23.05.2023 issued by the 1st respondent is in violation of the DoP&T instruction dated 08.10.2018 and direct the respondents to continue the applicant at the present place of posting by granting all consequential benefits and pass such other order or orders in the interest of justice.”

2. The brief facts of the case are that the applicant is presently working as Upper Division Clerk in the office of the 3rd respondent. The applicant has been transferred from Secunderabad to Bhopal vide order dt. 15.06.2023 and the representation submitted by her is rejected on 12.07.2023. The O.A. is filed on the ground that the transfer is in violation of DoP &T policy circular dated 08.10.2018, wherein, it was envisaged that the employees having disabled dependants, are exempted from rotational transfers. The rejection of the representation is on the lines of a letter issued by the 1st respondent on the ground that the applicant has completed 10 years at Secunderabad, with no regard to the fact that other ministerial staff were allowed to continue at the same place for 17/23 years. The General Policy shall pave way for Special instructions, thereby the letter issued by the 1st respondent containing a blanket direction is in violation of such special instructions. The applicant is a mother of two children, who are 11 and 6 years old and the husband of the applicant met with an accident and is not able to move his left hand freely. Apart from that, her husband is suffering from other health issues. Thus, he is not in a position to provide assistance to his bedridden mother, thereby the applicant has to look after mother-in-law. Mother of the applicant is also dependent of the applicant as applicant's father is no more and her only brother is also recently died and to consider the plight of the applicant and also the DoP&T policy which provide exemption from rotational transfers.

It is the contention of the applicant that her name was not enlisted in the letter dt. 30.05.2022, which was issued circulating the names of the employees who had completed 10 years of service, while seeking 03 choice stations. She further contends that same employees, though completed more than 17 years and 23 years viz., Sri K. Sudhaker Reddy,