Caregiver exemption from transfer policy applies for specified disabilities like Multiple Sclerosis, overriding long stay and own-request transfers upon proper representation.

O R D E R

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application filed under S ection 1 9 o f t he Administrative Tribunals Act, 1985 is directed a gainst o rder d ated 07.06.2024 (Annexure A-1) read with order dated 1 4.07.2025 ( A-2) t o the extent the applicant (at Sr. No. 38) has been t ransferred f rom Haryana Circle to Himachal Circle and relieving order d ated 1 5.07.2025 (A-3). The applicant has prayed for reliefs as under:

“ ( i) Quash Order No. BSNLCO-read P RII/19 (13)/2/2021-PERD-II-Part (1) dated 07.06.2024 ( Annexure A -1) with order dated 14.07.2025 (Annexure A-2) t o t he e xtent t he applicant (mentioned at Sr. No. 38) has been t ransferred f rom Haryana Circle to Himachal Circle and relieving o rder d ated 15.07.2025 (Annexure A-3), ignoring the fact t hat w ife s uffering from chronic disease (Multiple Sclerosis) and under t reatment f rom PGI Chandigarh and i gnoring the transfer policy relating t o c ouple i n view of BSNL policy dated 07.05.2008 and law a s l aid d own b y Hon'ble Supreme Court in the case of SK NAUSAD R AHAMAN & ORS. VS. UNION OF INDIA AND ORS (2022) 12 SCC 1.

(ii) Direct the respondents to allow the applicant t o c ontinue a t present place of posting i.e. Ambala as he is couple c ase a nd i s o nly person to look after his wife who is suffering from c hronic d isease and is under regular medical treatment of Doctors.

(iii) That this Hon'ble Tribunal may also pass any o ther o rder f or t he grant of relief to the applicant which it may deem f it i n t he p eculiar facts and circumstances of the case.

(iv) That the cost of the application may also be a warded i n f avour of the applicant.”

2. Facts of the case in brief are as follows. The a pplicant w as i nitially appointed as Technician in the Department of Telecommunications o n 09.12.1993 and later absorbed in BSNL w.e.f. 01.10.2000. T he a pplicant is presently working as Sub Divisional Engineer s ince 1 5.06.2018 i n Haryana Circle (Ambala). He had earlier joined H aryana C ircle i n September 2003 on mutual transfer.

3. BSNL issued transfer orders dated 07.06.2024 t ransferring t he applicant from Haryana Circle to Himachal Pradesh C ircle ( shown a t S r. No. 38), which was one of the options submitted by t he a pplicant t hrough online transfer application dated 16.01.2024. Subsequently, v ide o rder dated 14.07.2025, the transfer was reiterated on the g round o f l ong s tay, and the applicant was relieved on 15.07.2025 while on leave.

4. The applicant submitted a representation dated 1 1.06.2024 s eeking change of transfer to Punjab Circle on the ground t hat h is w ife i s suffering from Multiple Sclerosis, which is a chronic d isease, a nd i s u nder continuous treatment at PGI Chandigarh, and is e mployed i n L IC a t Ambala. The applicant asserts that he is the primary c aregiver, a nd b oth children reside abroad. Despite submission of representation a long w ith medical and employment documents, no decision was c ommunicated b y the respondent department.

5. The applicant asserts that the transfer is i n v iolation o f B SNL transfer policy dated 07.05.2008 and its amendment d ated 1 4.03.2024, which includes Multiple Sclerosis as a specified d isability w arranting exemption for caregivers. The applicant further asserts t hat t he i mpugned transfer also ignores the couple-case policy. Aggrieved b y t he t ransfer order dated 07.06.2024 (Annexure A-1), its implementation v ide o rder dated 14