The administrative necessity for transfers in sensitive positions outweighs individual claims related to family caregiving circumstances.

JUDGMENT

Dated this the 16^th day of December, 2025 The petitioner is aggrieved by Ext.P4 order, by which the petitioner, who is working as Chief Manager, Security of the IREL (India) Limited Chavara, has been transferred to Manavalakurichi Unit of the Company.

2. The petitioner challenged the transfer earlier filing W.P.(C) No.44067/2025. This Court as per judgment dated 25.11.2025 disposed of the writ petition directing the 1^st respondent to consider Ext.P13 representation therein submitted by the petitioner and take appropriate decision showing as much sympathy and compassion, within a period of two weeks.

3. Pursuant to Ext.P8 judgment, the respondents have passed Ext.P9 order dated 04.12.2025. In Ext.P9 order, the respondents have held that the petitioner is holding the senior post of Chief Manager (Security), which is a highly sensitive position from the security point of view of the Unit which is dealing with atomic minerals. Alternate arrangements to man the position of Security Officer at the Chavara Unit are already in place. Since Security Officer at Manavalakurichy has resigned, it is important for the petitioner to take over the charge of Security at Manavalakurichy at the earliest. Though the respondents expressed sympathy towards the petitioner, they rejected the representation submitted by the petitioner. It is aggrieved by Ext.P9 that the petitioner is before this Court.

4. The petitioner urge that his 47 year old wife is suffering from 40% disability, as is evident from Ext.P1 Certificate issued by the Kerala Health Service Department for Persons with Disability. The petitioner would urge that Ext.P2 Office Memorandum dated 08.10.2018 issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India mandates that a Government employee who is a care-giver of dependent daughter / son / parents / spouse / brother / sister with specified disability, as certified by the certifying authority as a Person with Benchmark Disability as defined under Section 2 (r) of the Rights of Persons with Disabilities Act , 2016 may be exempted from the routine exercise of transfer / rotational transfer subject to the administrative constraints.

5. The petitioner also relied on a subsequent Office Memorandum dated 02.02.2024 issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India, wherein also it has been stated that a Government employee who is a care-giver of a dependent with specified disability should be exempted from the routine exercise of transfer / rotational transfer subject to administrative constraints. Exts.P2 and P3 Office Memorandums are issued by the Government of India and IREL (India) Limited being a Government of India undertaking, is bound to give the benefit of Exts.P2 and P3 Office Memorandums to the petitioner. 6. Counsel for the petitioner submitted that his wife is suffering from 40% disability and it is highly necessary that the family is stationed at Chavara for the continued treatment of the wife. The counsel also relied on the judgment of this Court in Balan C. v. Union of India [2021 (1) KLT 180], wherein it has been held that if a Person with Disability is affected by transfer and if in no way the best interest of the person can be protected consequent upon implementing such transfer order, the transfer order will be considered as illegal.

7. The respondents resisted the writ petition. The respondents submitted that the petitioner has been in Chavara Station for more than 13 years. The employees of the Company are liable to be transferred