Caregivers of parents with benchmark disabilities under RPwD Act entitled to exemption from routine transfers per DoPT guidelines.

ORAL ORDER

1.The applicant has filed this OA seeking to quash and set aside the transfer order dated 18.08.2025 Annexure A-1 ( ) by which he has been posted to Meerut and further direction to the respondents to retain him in Pune or in alternate to transfer the applicant to  the unit of the respondent No.7 as inter-transfer is permissible between DSW(V) to 512 ABW, Kirkee, Pune. . Brief facts of the case as stated in the OA are that the applicant was offered appointment order for the post of Draughtsman – III Mechanical indicating the various conditions of service on 11.06.2013. He joined duty in the workshop of the respondent No.5 on 14.06.2013. The applicant was transferred from Drawing and specification wing (Vehicle) Pune to 509 Army Base Workshop which is situated at Agra on 07.01.2025. He submitted representation dated 30.01.2025 explaining the medical problems of his parents. Based upon the representation, the respondents cancelled the transfer of the applicant to Agra on 24.02.2025.

2.1 It has been submitted that the respondents ordered re-organisation of Directorate of Indigenisation likely to transfer the staff of Drawing and Specification Wings. As a measure of caution and saving the lives of father, mother and sister, the applicant submitted a representation dated 29.07.2025 to retain him in Pune and submitted another representation dated 11.08.2025. During the pendency of the aforesaid representation, the respondents issued impugned order dated 18.08.2025 which is under challenge in this OA.

3. It is the case of the applicant that he has old parents i.e. his father and mother who are having acute medical problems and also a widowed sister. He submits that his father is 70 years of age and suffering from chronic TB with post tuberculosis obstructive airway disease with left upper lobe firbocavitory collapse and he is on oxygen at home. His mother is a psychiatric patient, who needs constant care and the applicant is only care giver for his old parents. He further submits that his father is a disabled person suffering from hearing impairment, locomotor disability and low vision for which he has been issued a disability certificate dated 08.11.2025 by Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India and, therefore, his case is covered by the DoPT guidelines for exemption from routine/rotational transfer on compassionate grounds of Group ‘B’ and ‘C’ personnel issued by Ministry of Defence, Department of Defence Production, New Delhi dated 07.01.2020 and DoPT OM dated 08.10.2018. Therefore, his order of transfer to Meerut be quashed and he should be posted at Pune.

3.1 Shri Prasadrao, learned counsel for the applicant has also placed reliance on the order of this Vinay Sadashiv Tribunal in OA No.750/2025 in the case of Nandeshwar dated 16.09.2025 which also pertains to the respondents department in which the Tribunal was pleased to grant the stay on the transfer order in view of the disability of his child in view of DoPT OM dated 06.06.2014.

3.2 Shri Prasadrao further submits that there are enough vacancies available in 512 Army Base Workshop, Pune where he is attached. Therefore, no prejudice will be caused to the respondents.

4 . Shri Sachin Patil, learned counsel for the respondents, on the other hand, supports the transfer order on the ground that the applicant has been posted to Meerut due to restructuring of the department and this ground of disability certificate was not brought to the notice of the respondents in his representation. He submits that the OA was filed on 26.08.2025 whereas the disability certificate of his father has been issued on 08.11.2025. Therefore, the respondents should be given an opportunity to consider his case in the light of the disability certificate.

4.1 He further submits that the DoPT OMs are applicable for routine transfer/rota