Transfers violating minimum tenure policy, ignoring caregiver exemptions for disabled dependents, and rejected by non-speaking orders are arbitrary and liable to be quashed absent compelling administrative exigency.

ORDER

Per: RAMESH SINGH THAKUR, MEMBER (3):

1. The present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 is directed challenging Transfer Order dated 14.10.2025 qua the applicant read with relieving order dated 21.10.2025 (Annexure A-1 Colly) vide which the applicant has been transferred and posted as Deputy Director (GASAB) in the office of Comptroller & Auditor General of India, New Delhi against a newly created post, and further against order dated 31.10.2025 (Annexure A-2), vide which the respondents have rejected the representation dated 15.10.2025 (Annexure A-12) preferred by the applicant seeking fair and 2 (0.A.No.060/ 1205/2025) equitable consideration of issues relating to his total length of service being less than 2 years after last posting, the applicant being care-giver for his two years and three months old son under regular treatment from departments of Ophthalmology, Orthopedics and Neurology at PGIMER, Chandigarh, his transfer being against the statutory acts, settled law and statutory guidelines, under various O.Ms issued by DoPT etc. and being discriminated upon. The applicant has prayed for quashing of impugned orders Annexure A-1 (Colly) and A-2.

2. Facts of the case in brief are as follows. The applicant is an officer of the Indian Audit & Accounts Service (IA&AS), 2021 Batch. He joined training at the National Academy of Audit & Accounts, Shimla on 21.03.2022 and upon completion of training was posted as Assistant Accountant General in the Office of the Principal Accountant General (A&E), Haryana at Chandigarh vide order dated 01.12.2023 (Annexure A-3). The applicant thereafter held the charge of Deputy Accountant General (Accounts/VLC) from 18.12.2023 to 21.07.2025. Subsequently, the applicant was transferred as Deputy Director in the office of the Principal Director of Audit, Central Expenditure (Agriculture, Food & Water Resources), New Delhi at Chandigarh vide order dated 08.07.2025 (Annexure A-8) against an existing vacancy. He joined the said assignment at Chandigarh and was also directed to assist the Principal Accountant General (A&E), Haryana in implementation of VLC Technical Upgrade vide order dated 14.07.2025. Further, the applicant was assigned additional charge of Senior Deputy Accountant General (AMG-III) in the Office of the Principal Accountant General (Audit), Haryana with effect from 01.09.2025.

3. The applicant states that his family circumstances require his presence at Chandigarh. His spouse is employed with KPMG Global Services with base location at Gurugram, but is presently working from home from Chandigarh due to the medical condition of their minor son. A copy of communication evidencing such work-from-home arrangement is placed on record as Annexure A-4. It is further stated that the applicant’s 3 (0.A.No.060/ 1205/2025) father passed away on 02.08.2025 after prolonged illness and his aged mother is presently residing with him and has recently undergone ankle surgery.

4. It is further averred that the applicant’s minor son, aged approximately two and aé half years, is suffering from West Syndrome/Infantile Spasms with Cortical Visual Impairment and developmental delays. The child was born pre-term and required neonatal intensive care. Thereafter, he developed infantile spasms around the age of eight to nine months resulting in neurological and developmental complications. The child is stated to be under continuou