om:64-cl-2026-jun — Even though, transfer is an incident of service, executive instructions cannot override the specific mandate of Rights of Persons with Disabilities Act, 2016, passed by the Parliament. The Departments are duty bound to protect the rights of children with disabilities and their caregivers

FRSR

Even though, transfer is an incident of service, executive instructions cannot override the specific mandate of Rights of Persons with Disabilities Act, 2016, passed by the Parliament. The Departments are duty bound to protect the rights of children with disabilities and their caregivers — The applicant presents evidence contradicting the respondents' manpower shortage claim, including transferred employees list from 9-2-2022, and further medical records confirming their child's ASD di... — Facts: The Applicant, while working as Technician/D at TRP, BARC, Tarapur was promoted vide office order, dated 1-7-2016 and had been working as such. He applied for Technician/B in ISRO, Ahmedabad pursuant to Advertisement No. SAC/01/2018, dated 10-3-2018. His request for forwarding the application and issuance of a No Objection Certificate (NOC) was repeatedly denied on the ground that he had not completed two years from the date of his last promotion. Despite qualifying the ISRO written examination and being shortlisted for the skill test, the Applicant was barred from appearing in the skill test due to denial of NOC. As a result, he was deprived of an opportunity for career advancement owing to the Respondents’ refusal to issue the NOC. Aggrieved by the action of the Respondents, the Applicant filed O.A. No. 296 of 2019 before this Hon’ble Tribunal. The Hon’ble Tribunal directed the authority to issue reasoned orders, and, accordingly a speaking order, dated 11-7-2024 held the action of the Respondents to be unjustified, arbitrary and contrary to DoP&T instructions and imposed costs of ₹ 50,000 on Respondent no.2.
Subsequently, the Applicant made multiple representations seeking transfer on medical grounds to ISRO Lucknow / SAC, ISRO Ahmedabad / IPR Ahmedabad / RRCAT, Indore stating that his five-year-old daughter is suffering from Autism Spectrum Disorder with severe behavioural issues and seizures, requiring daily specialized occupational and behavioural therapy which was not available in Tarapur. Despite repeated representations, no action was taken, compelling the Applicant to file the present OA seeking transfer to suitable stations on medical grounds.
The Respondents submitted that the Applicant is a Technician at the Bhabha Atomic Research Centre (BARC), Tarapur, which is a constituent unit of the Department of Atomic Energy (DAE). The Applicant sought transfer on medical grounds for his daughter; however, due to acute manpower shortage and exigencies of work, one-sided transfer cannot be considered without availability of a qualified replacement. The Applicant’s post is technical in nature, and his skills are essential for departmental functioning.
The Applicant has repeatedly applied for transfer since 2021, and while his case has been considered, it remains subject to identification of a suitable replacement. Moreover, the Applicant seeks transfer to ISRO which is altogether a different organization coming under the Department of Space, namely Indian Space Research Organization (ISKO), which is outside DAE.
It is further submitted by the Respondents that adequate medical facilities for the Applicant’s daughter are available through BARC Hospital and Contributory Health Service Scheme of DAE. The department has supported the Applicant medically and has not rejected the request outright. It is further submitted that transfer being an incident of service, no vested right exists, and therefore the decision taken does not warrant judicial interference.
The Applicant filed a rejoinder along with additional documents obtained under the RTI Act, refuting the Respondents’ reply. He submitted that the medical records of his daughter, including those from Jaslok Hospital and the Neonatal Discharge Summary issued by Tarapur Atomic Power Station, clearly establish that she requires daily specialized therapy, which is not available at Boisar or nearby areas. Denial of such treatment would seriously endanger her health and development.
The Applicant has also produced a list of nine employees transferred vide order, dated 9-2-2022, including Technicians and Scientific Assistants, demonstrating that the Respondents’ claim of manpower shortage and inability to spare the Applicant is contrary to record.
Further, medical records from Shinde Hospital and a letter, dated 9-6-2025 from the Principal, Atomic Energy Central School, Tarapur confirm that the Applicant’s daughter has been diagnosed with Autism Spectrum Disorder (ASD) with ADHD and exhibits severe behavioural challenges. ABA therapy is strongly recommended, but these facilities are unavailable locally. Hence, a transfer to any metro city with specialized facilities has been requested in the child’s best interest.
The Respondents stated that following an inquiry made on 22-8-2025, a letter of the same date was received from BARC (F), Kalpakkam, identifying five employees who had earlier worked with BARC and later joined ISRO / DOS. The letter, along with their relieving orders, was annexed. It is clarified that none of these employees were transferred; all had submitted technical resignations and were appointed to ISRO / DOS through due process. No BARC employee has been transferred to ISRO / DOS after 1-4-2014. Hence, it was contended that the Applicant’s claim was false and the Respondents seek dismissal of the OA with costs.

FRSR

Even though, transfer is an incident of service, executive instructions cannot override the specific mandate of Rights of Persons with Disabilities Act, 2016, passed by the Parliament. The Departments are duty bound to protect the rights of children with disabilities and their caregivers — The applicant presents evidence contradicting the respondents' manpower shortage claim, including transferred employees list from 9-2-2022, and further medical records confirming their child's ASD di... — Facts: The Applicant, while working as Technician/D at TRP, BARC, Tarapur was promoted vide office order, dated 1-7-2016 and had been working as such. He applied for Technician/B in ISRO, Ahmedabad pursuant to Advertisement No. SAC/01/2018, dated 10-3-2018. His request for forwarding the application and issuance of a No Objection Certificate (NOC) was repeatedly denied on the ground that he had not completed two years from the date of his last promotion. Despite qualifying the ISRO written examination and being shortlisted for the skill test, the Applicant was barred from appearing in the skill test due to denial of NOC. As a result, he was deprived of an opportunity for career advancement owing to the Respondents’ refusal to issue the NOC. Aggrieved by the action of the Respondents, the Applicant filed O.A. No. 296 of 2019 before this Hon’ble Tribunal. The Hon’ble Tribunal directed the authority to issue reasoned orders, and, accordingly a speaking order, dated 11-7-2024 held the action of the Respondents to be unjustified, arbitrary and contrary to DoP&T instructions and imposed costs of ₹ 50,000 on Respondent no.2.
Subsequently, the Applicant made multiple representations seeking transfer on medical grounds to ISRO Lucknow / SAC, ISRO Ahmedabad / IPR Ahmedabad / RRCAT, Indore stating that his five-year-old daughter is suffering from Autism Spectrum Disorder with severe behavioural issues and seizures, requiring daily specialized occupational and behavioural therapy which was not available in Tarapur. Despite repeated representations, no action was taken, compelling the Applicant to file the present OA seeking transfer to suitable stations on medical grounds.
The Respondents submitted that the Applicant is a Technician at the Bhabha Atomic Research Centre (BARC), Tarapur, which is a constituent unit of the Department of Atomic Energy (DAE). The Applicant sought transfer on medical grounds for his daughter; however, due to acute manpower shortage and exigencies of work, one-sided transfer cannot be considered without availability of a qualified replacement. The Applicant’s post is technical in nature, and his skills are essential for departmental functioning.
The Applicant has repeatedly applied for transfer since 2021, and while his case has been considered, it remains subject to identification of a suitable replacement. Moreover, the Applicant seeks transfer to ISRO which is altogether a different organization coming under the Department of Space, namely Indian Space Research Organization (ISKO), which is outside DAE.
It is further submitted by the Respondents that adequate medical facilities for the Applicant’s daughter are available through BARC Hospital and Contributory Health Service Scheme of DAE. The department has supported the Applicant medically and has not rejected the request outright. It is further submitted that transfer being an incident of service, no vested right exists, and therefore the decision taken does not warrant judicial interference.
The Applicant filed a rejoinder along with additional documents obtained under the RTI Act, refuting the Respondents’ reply. He submitted that the medical records of his daughter, including those from Jaslok Hospital and the Neonatal Discharge Summary issued by Tarapur Atomic Power Station, clearly establish that she requires daily specialized therapy, which is not available at Boisar or nearby areas. Denial of such treatment would seriously endanger her health and development.
The Applicant has also produced a list of nine employees transferred vide order, dated 9-2-2022, including Technicians and Scientific Assistants, demonstrating that the Respondents’ claim of manpower shortage and inability to spare the Applicant is contrary to record.
Further, medical records from Shinde Hospital and a letter, dated 9-6-2025 from the Principal, Atomic Energy Central School, Tarapur confirm that the Applicant’s daughter has been diagnosed with Autism Spectrum Disorder (ASD) with ADHD and exhibits severe behavioural challenges. ABA therapy is strongly recommended, but these facilities are unavailable locally. Hence, a transfer to any metro city with specialized facilities has been requested in the child’s best interest.
The Respondents stated that following an inquiry made on 22-8-2025, a letter of the same date was received from BARC (F), Kalpakkam, identifying five employees who had earlier worked with BARC and later joined ISRO / DOS. The letter, along with their relieving orders, was annexed. It is clarified that none of these employees were transferred; all had submitted technical resignations and were appointed to ISRO / DOS through due process. No BARC employee has been transferred to ISRO / DOS after 1-4-2014. Hence, it was contended that the Applicant’s claim was false and the Respondents seek dismissal of the OA with costs.

Original Rule Text

Original Rule Text