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Judgment
Per: Mr. Anindo Majumdar, Administrative Member.
This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon’ble Chairman, CAT dated 10/09/2021 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved.
Ld. Counsel for both sides are present and heard.
Ms. E. Banerjee, Ld. Counsel appears on behalf of the respondents and files her memo of appearance which is taken on record.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;
b)An Order do issue quashing/setting aside the Office Order No. BSNL CO-PETS/12(11)/1/2025-PERS1 dated 09.05.2026 issued by the respondent no. 4 with respect to applicant;
Central Administrative Tribunalc) An Order do issue quashing/setting aside the e-mail communication dated 07.09.2026;
d)An order do issue quashing and/or setting aside the Office Order dated 28.08.2026, to the extent that the same does not include the name of the Applicant for exemption from transfer, despite similarly circumstanced employees having been granted such exemption, and consequently direct the Respondents to extend the same benefit of exemption from transfer to the Applicant as has been granted to the similarly situated employee;
e)An Order do issue directing the respondents to allow the applicants to continue discharging his service as Sub-Divisional Engineer (SDE) and is also looking after the duties of Assistant General Manager (AGM), FTTH-Sales/Headquarters at his present place of posting at Kolkata Telephones District, CO Kolkata;
f)To grant all consequential benefits;
g)To grant Costs and incidentals;
h)Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b), (c), (d), (e) and (f) above;
i) Any other order or orders as the Hon'ble Tribunal deems fit and proper”.
Ld. Counsel for the applicant made following submissions:-
The applicant Shri Bishal Gourav has been transferred from Kolkata (KOL TD) Circle to Karnataka Circle (KTK) vide the impugned order dated 09.05.2026.
Although the applicant has been serving in Kolkata for nearly 20 years, the applicant is the sole care giver of his dependent parents and that his mother is suffering from 40% disability of Dementia with Seizure Disorder.
The applicant has already annexed a disability certificate issued by the College of Medicine and Sagar Dutta Hospital, Kamarhati, West Bengal.
As per letter dated 22.09.2025 of Assistant General Manager (HR/Headquarter) wherein it has been stated that the applicant is entitled to get benefits of a care giver of his disabled mother as per the prevailing rules up to 21.05.2027.
As per the amendment in BSNL Employees Transfer Policy dated 14.03.2024, the applicant, being a care giver of his mother, is exempted from transfer (Annexure-A/7).
The applicant was asked to submit an application in the prescribed proforma for seeking exemption for transfer on the above grounds and he has already submitted the same.
The applicant is the Assistant General Secretary at the Circle level of the Employees Association of BSNL and in terms of BSNL Circular dated 06.05.2024, he is exempted from transfer.
The case of the applicant was forwarded to the competent respondent authority for a decision along with two similarly placed employees, but, although, one of them, Shri Debashish Ghosh has been exempted from transfer, the applicant has instead been relieved from his present post vide e-mail dated 07.09.2026.
Ld. Counsel for the respondents submitted that General Manager (HR and Admn.), has vide her letter dated 05.09.2026 addressed to Principal General Manager (PGM), BSNL Corporate Office, New Delhi requested for re-consideration of the transfer of the applicant and some other applicants and that the matter is still under consideration.
I have perused the letter dated 05.09.2026 of the General Manager (HR and Admn.) to PGM Personal BSNL Corporate Office whereby the said authority has been requested to consider the representation of the applicant seeking exemption from transfer. However, I find that the only ground for such consideration as mentioned in the said letter that the applicant is an office-bearer of the Employees Association of BSNL. The ground taken by the applicant is that he is the sole care giver of his mother who is suffering from Dementia with Seizure Disorder has not been mentioned in the said letter.
After hearing both the parties and upon considering the material on record, I direct the Principal General Manager, BSNL (Respondent no. 3) to take a decision on the request for re-consideration of transfer of the applicant as communicated vide letter dated 05.09.2026 after taking into consideration all relevant factors such as the medical condition of his mother and the fact that he is an office-bearer of Employees Association within a period of 01 month from the date of receipt of this order. It is further directed that till such time a decision is taken on the matter, the order relieving the applicant from his present post is not given effect.
Applicant is at liberty to communicate the gist of this order to the respondent authority.
The Original Application is accordingly disposed of without any order as to costs.