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Judgment
By Hon’ble Dr. Anand S Khati, Member (A)
Learned counsels for the respective parties appeared.
The applicant who is working with the respondents is simultaneously seeking reliefs which are independent cause of action from the respondents’ side. The applicant has approached this Tribunal after making multiple representations to the respondents and getting no relief. The present OA has been filed by the applicant seeking following relief(s):
a)Quash and set aside the impugned transfer order bearing file no. DDOP/DRTC/01954/ TRANS/ P/1675 dated 18.02.2026.
b)Quash and set aside the impugned Order bearing file no. NMRL/ Admin/ DA/DRTC/2025/S/01 & 02 dated 18.12.2025.
c)Direct the Respondents to consider and transfer the Applicant to any suitable DRDO establishment in Delhi/NCR in accordance with the Government policy regarding posting of spouses.
d)Quash the action of the Respondents whereby the respondents imposed the penalty of withholding of annual increments for a period of three years with effect from 01.01.2026, being illegal, arbitrary, disproportionate, violative of principles of natural Justice. And, direct the Respondents to open the sealed cover, if any, and declare the Applicant's promotion result.
e)Direct the Respondents to restore the Applicant's annual increments with all consequential monetary and service benefits, including arrears, seniority, pensionary benefits and pay fixation.
f)Direct that the impugned penalty shall not be treated as an impediment for the Applicant's promotion and direct the Respondents to open the sealed cover and grant promotion with all consequential benefits, if otherwise found fit.
g)Issue such other/direction as may be deemed appropriate in the facts and circumstances of the case.”
Learned counsel for the respondents drew my attention to the order, dated 18.02.2026, wherein the applicant has been transferred on punitive grounds in public interest. There is a reply to the representation dated 25.03.2026, which is not impugned in the present OA, wherein the respondents have categorically stated that the applicant has been punitively transferred in public interest from NMRL, Ambernath to VRDE Ahmednagar, drawing reference to letter dated 18.02.2026.
The applicant is seeking transfer on account of spouse grounds because his wife is working with Delhi Police as per DoP&T’s guidelines.
It is an independent cause of action and I am of the considered opinion that the respondents have intended to transfer the applicant on punitive grounds in public interest and there is no ambiguity in the transfer order.
However, relief clause (c) that wherein the applicant prays that the DRDO establishment may consider and transfer the Applicant to any suitable DRDO establishment in Delhi/NCR in accordance with the Government policy regarding posting of spouses, is an independent cause and the applicant may make a representation afresh to the respondents in this regard and the respondents shall consider the representation, submitted afresh by the applicant, and dispose of the same, if falls within rules, by passing a reasoned and speaking order within a period of 6 (six) weeks from the date of receipt of a certified copy of this order.
The OA is disposed of in above terms at the admission stage itself. There shall be no order as to costs.