Central Administrative Tribunal - Mumbai
Mhatre Avinash Laxman vs Naval Headquarter on 30 April, 2026
1
OA No.70/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.70/2026
Dated this Thursday the 30th day of April, 2026
Coram: Hon'ble Shri Sangam Narain Srivastava, Member (A)
Mhatre Avinash Laxman
(Son of Mhatre Laxman Narayan),
date of birth: 15.05.1980, age 45 years,
Working as: Technical Assistant (Engg), (Group "B" Post)
in the office of Naval Dockyard Mumbai, Ministry of Defence,
Residing at: 20, Pampa, BARC Colony, Anushakti Nagar,
Mumbai 400094, cell 09773103753,
Email id: [email protected]. ... Applicant
(By Advocate Shri R.G. Walia)
VERSUS
1. Union of India,
Through - The Chief of Personnel
(for, Chief of the Naval Staff) Naval Headquarters'
Office, Ministry of Defence (Navy), Sena Bhavan,
New Delhi 110011. Email: [email protected],
[email protected].
2. The Flag Officer Commanding-in-Chief
Headquarters Western Naval Office,
Command, Ballard Pier, Tiger Gate, Mumbai 400001.
Email: [email protected].
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=
400083, S=Maharashtra, SERIALNUMBER=
[email protected].
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti
Deepti Ganesh Munarshi Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2026.05.06 10:42:40+05'30'
Foxit PDF Reader Version: 2024.3.0
2
OA No.70/2026
3. The Admiral Superintendent,
Naval Dockyard, Mumbai, Lion Gate,
SBS Road, Mumbai 400023.
Email: [email protected]. ... Respondents
(By Advocate Mrs. N.V. Masurkar)
Order Reserved on : 26th March, 2026.
Pronounced on: 30th April, 2026.
ORDER
In the present case, the applicant was granted interim relief on 29th January, 2026. Thereafter, the respondents moved an application for vacation of interim orders passed by the Tribunal. When the matter came up for hearing, by consent of both the parties, it was taken up for final hearing after which the order was reserved on 26th March, 2026.
2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' "8(a) This Hon'ble Tribunal may be pleased to call for the records of the case which led to the Foxit PDF Reader Version: 2024.3.0 issuance of the Impugned Order dated 3 OA No.70/2026 30.09.2025 i.e. Annx. "Al", Impugned reply dated 01.12.2025 i.e. Annx. "A2", and Impugned order dated 15.01.2026 i.e. Annx.
"A3" and after going through their propriety, legality, and constitutional validity, be pleased to quash and set aside the same and accordingly order and direct the Respondents to retain the Applicant in Mumbai itself (without prejudice to the claim of the Applicant for NOC for appointment to the post of Dy. Registrar in Armed Forces Tribunal.
8(b) This Hon'ble Tribunal may graciously be pleased to hold and declare that the impugned action of the Respondents is arbitrary and illegal and accordingly order and direct the Respondents to retain the Applicant in Mumbai itself (without prejudice to the claim of the Applicant for NOC for appointment to the post of Dy. Registrar in Armed Force Tribunal). 8(c) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
8(d) Costs of this Original Application may be provided for.".
3. The facts of the case as submitted by the applicant are that upon successfully completing the due selection process, Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 he was selected for Apprenticeship. After completion of his Apprenticeship, he was initially absorbed 4 OA No.70/2026 and appointed on 10th July, 2000 to the post of HSK (Moulder), a Group 'C' post in the Artisan/Industrial Cadre. The applicant worked on the said post for about six years, i.e., till 02nd May, 2006. It is relevant to note that the post of HSK (Moulder) formed part of the Unit Roster (Naval Dockyard, Mumbai) and was non-transferable outside the unit, meaning that the applicant could not be transferred out of Naval Dockyard, Mumbai while holding the said post. 3.2 Subsequently, the applicant was promoted to the post of Chargeman (Foundry), a Group 'B' Non-Gazetted post in the Naval Technical Supervisory Staff Cadre. He worked in this post from 02nd May, 2006 to 25th May, 2012, i.e., for about six years. The post of Chargeman (Foundry) was part of the Command Roster, which covered various units under the Western Naval Command. However, vacancies for this post existed only at Naval Dockyard, Mumbai (8 posts) and INS Shivaji, Lonavala (1 post).
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.70/2026 3.3 Thereafter, the applicant was promoted to the post of Foreman (Foundry), a Group 'B' Gazetted post, and served from 25th February, 2012 to 28th October, 2022, i.e., for about ten years. This post was also part of the Command Roster. However, there were only four vacancies at Naval Dockyard, Mumbai and none at any outstation unit. Thus, the applicant continued to serve in a position effectively non-transferable outside Mumbai. It is further noted that no sanctioned vacancies in the Foundry trade existed at Naval Ship Repair Yard (Karwar), Indigenous Unit (Delhi), or INS Valsura (Jamnagar).
3.4 Upon promotion to the post of Technical Assistant (Engineering), a Group 'B' Gazetted post, on 28th October, 2022, the applicant became part of the All-India Roster. The applicant was also an office-bearer of the All India Naval Technical Supervisory Staff Association from 2010 to 2022, having served as President and General Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 Secretary during various terms.6
OA No.70/2026 3.5 The applicant submits that, in his capacity as an office-bearer, he raised various grievances concerning Group "B" employees before the management and was involved in proceedings before Courts/Tribunals on issues relating to promotion, pay fixation, pay scale, and service conditions.
His approach remained constructive and aimed at amicable resolution of disputes. Throughout his career, the applicant maintained cordial relations with his superiors and received timely promotions. His APAR gradings were consistently "Outstanding" or "Very Good."
3.6 The applicant was promoted as Technical Assistant on 28th October, 2022 and, for the first time, was considered for transfer to Karwar vide order dated 14th November, 2024 (Annexure A-9). However, Naval Dockyard, Mumbai recommended his retention on administrative grounds through a Statement of Case dated 05th December, 2024. Considering both administrative Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 requirements and the applicant's family circumstances-- 7 OA No.70/2026 namely, his son's ill-health and his wife's employment as a Staff Nurse at BARC Hospital--he was retained at Mumbai by order issued in December, 2024.
3.7 It is submitted that within 8-9 months of such retention, the applicant was again considered for transfer in an arbitrary manner, despite no change in circumstances. The impugned transfer order dated 30th September, 2025 (Annexure A-1) is, therefore, illegal and unsustainable.
Naval Dockyard, Mumbai once again recommended his retention.
3.8 The applicant further submits that a vacancy for the post of Deputy Registrar (Group "A", Level-11) at the Armed Forces Tribunal, Mumbai Bench had remained unfilled for over two years. Pursuant to Vacancy Circular dated 19th December, 2024, the applicant applied for the said post and sought forwarding of his application through proper channel. However, his application was withheld Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 without valid reason.8
OA No.70/2026 3.9 The applicant submits that he was the only eligible candidate for the said post. The vacancy was re-
advertised on 21st March, 2025, and he again applied.
However, vide letter dated 27th November, 2025, the respondents refused to forward his application citing administrative requirements. This stand is contradictory, as the applicant had already been transferred vide order dated 30th September, 2025.
3.10 As per the transfer policy, an employee is ordinarily entitled to a tenure of five years at a station. The applicant, having been posted as Technical Assistant in October 2022, was entitled to continue at Mumbai till October 2027.
3.11 At the time of issuance of the transfer order dated 30th September, 2025, the applicant had completed only about three years at Mumbai. Several similarly placed and senior officers, who had completed more than five years, Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 were not transferred. The applicant is at Serial No. 27 among 9 OA No.70/2026 Mumbai officers, with 26 officers senior to him, many of whom continue at Mumbai. Further, about seven junior officers promoted in 2024 are also posted at Mumbai. Naval Dockyard, Mumbai recommended cancellation of the applicant's transfer vide proposal dated 17th October, 2025 (Annexure A-5) citing operational requirements. However, the same was rejected on the ground of excess strength (34 against sanctioned 31). The applicant also submitted representation dated 08th December, 2025, highlighting his son's medical condition (ADHD) requiring parental care. 3.12 The applicant further submitted that his wife is a Central Government employee working as a Staff Nurse at BARC Hospital, Mumbai, and relied upon DoPT guidelines regarding posting of husband and wife at the same station. 3.13 Despite these circumstances, the respondents rejected his representation vide order dated 15th January, 2026 (communicated on 21st January, 2026), stating that his Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 son does not have a certified disability--an unreasonable and 10 OA No.70/2026 insensitive ground.
3.14 The applicant reiterates that he applied for deputation to the post of Deputy Registrar, Armed Forces Tribunal, Mumbai, but was denied NOC on 27th November, 2025 citing organizational necessity. Consequently, his candidature was not considered. The post carries Pay Level-
11, whereas the applicant is presently in Level-8.
3.15 The applicant submits that the respondents have taken contradictory stands--on one hand declaring him indispensable for Mumbai to deny NOC, and on the other transferring him out of Mumbai. This demonstrates arbitrariness and non-application of mind. Hence, the present Original Application.
4. The respondents have filed their reply, wherein it is submitted that at present Technical Assistants (post of the applicant) are overborne at Naval Dockyard, Mumbai, and no vacancy exists at any other unit in Mumbai, whereas there Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 is requirement at Naval Ship Repair Yard (Karwar). The 11 OA No.70/2026 applicant has been transferred to Naval Ship Repair Yard (Karwar). His application for deferment/cancellation of the transfer order was declined vide letters dated 01st December, 2025 and 15th January, 2026. It was stated that the applicant had been retained during the last cycle of transfer/posting considering his working spouse at the same station. It was also stated that, as Technical Assistant (CPC Level-8) of the Engineering cadre, the applicant had an all-India service liability. That the applicant was appointed as HSK and thereafter promoted as Chargeman in 2006, Foreman in 2012, and Technical Assistant in 2022.
4.2 It was submitted that the applicant has been transferred to Naval Ship Repair Yard (NSRY) (Karwar) for operational requirements, since warships such as Aircraft Carriers, Capital Warships, Submarines etc., are docked therein and there is a pressing need for Technical Assistants of the Engineering Cadre at NSRY (Karwar). It is, therefore, Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 submitted that the applicant has been transferred on account 12 OA No.70/2026 of exigencies of service. It was explained that normal tenure of posting applies in cases of routine transfer, which is five years, but this is not applicable in cases of exigencies of service/public interest. It was submitted that this is made clear in the policy guidelines.
4.3 It was further submitted that a minimum tenure for any assignment should preferably not be less than two years, and the maximum in one billet should not be more than eight years, except sensitive assignments where the maximum continuous tenure for an individual is not be more than three years.
4.4 It is further submitted that a Medical Certificate of the son of the applicant had been brought verified, and it was confirmed by the issuing authority, i.e., BARC Hospital, that the condition of child does not fall under the category specified in the transfer policy. It was further submitted that even this clause was subject to administrative constraints. It Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 was further urged that the applicant's son is not suffering 13 OA No.70/2026 from any life-threatening disease requiring specialized treatment. As regards spouse consideration, it was submitted that the OM stipulates that the posting of spouses should be, preferably and to the extent practicable, at the same station. It was submitted that this would be subject to administrative exigencies, especially when the applicant's service condition carries all India Transfer Liability. 4.5 It was further submitted that no employee has the right to ask for remaining at one place of posting. It was submitted that the transfer does not cause any financial loss or prejudice of any kind to the applicant and that the order, having been issued by the competent authority, the applicant has no cause of action. It was further submitted that it is a settled principle of law that interference in transfer by the Courts should be minimal and can only be resorted to where the transfer is patently without jurisdiction or a result of mala fide.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No.70/2026 4.6 It is further submitted that the applicant had been transferred in November, 2024 and based on his application, the applicant was retained in December, 2024 to allow him sufficient time to settle his family matters. It was further submitted that it is wrong on the part of the applicant to submit that there is no material change in the circumstances between December, 2024 to September, 2025 when the current order was passed. It is stated that a number of operational and functional requirements have increased at NSRY, Karwar but cannot be brought on record due to security reasons. It was again reiterated that reconsideration of applicant's posting within 09 months was done due to administrative exigencies and organizational requirements. 4.7 It was further submitted that all Technical Assistants senior to the applicant at Naval Dockyard, Mumbai have been transferred out of station at least once in their service, with the exception being those Technical Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 Assistants who are due to retire on superannuation within 03 15 OA No.70/2026 years.
4.8 Therefore, on the basis of reply, the respondents prayed for dismissal of the OA.
5. The respondents have relied on the following judicial decisions of Hon'ble Supreme Court and Tribunals:
I. Dr. S.D. Lokhande Vs. Union of India & Anr. CAT, Mumbai Bench order in OA No.328/2024 decided on 03 rd April, 2025.
II. Eric A. Menezes Vs. Union of India & Ors, CAT, Mumbai Bench in OA No.183/2025 decided on 21st February, 2025.
III. Bhagwan Tomar Vs. Union of India & Ors. CAT, Mumbai Bench in OA No.219/2019 dated 06th June, 2019. IV. S K Nausad Rahaman & Ors. Vs. Union of India & Ors. in Civil Appeal No.1243/2022.
V. Gujarat Electricity Vs. Atmaram, 1989 (3) JT 20; VI. S.C. Saxena Vs. Union of Indi, 2006 (9) SCC 583 Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 VII. Shilpi Bose & Ors. Vs State of Bihar & Ors., (1991) 16 OA No.70/2026 Supp. (2) SCC 659;
VIII. Union of India & Ors. Vs. S.L. Abbas, (1993) 4 SCC 357;
IX. State of M.P. & Ors. Vs. S.S. Kourav & Ors., 1995 (3) SCC 270;
X. State of U.P. & Ors. Vs. Gobardhan Lal & Ors., (2004) 11 SCC 402;
XI. Bank of India Vs. Jagjit Singh Mehta, (1992) 1 SCC 306.
6. The applicant in the rejoinder submits as under:
"....4. The Respondents' reliance on the Transfer Policy is misplaced, selective, and contrary to the structure, aim and object of the policy. Paragraph 25 of the Policy expressly contemplates deferment or retention of transfers were warranted by exigencies of service or public interest. Naval Dockyard, Mumbai, vide its forwarding letter dated 17.10.2025 (Annexure A5 to the OA), specifically recommended the Applicant's retention, recording that he was engaged in critical long-term projects, that his services were Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document required for operational necessities and strategic objectives, and that his transfer to Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 NSRY Karwar would disrupt ongoing work 17 OA No.70/2026 having multi-year implications. This was consistent with the earlier Statement of Case dated 05.12.2024 (Annexure A16 to the OA), which identified the Applicant's specialised Foundry and Engineering role, the absence of suitable replacement, and the operational consequences of his movement.
The same position was reiterated by the Respondents themselves while returning the Applicant's deputation application vide NHQ/DCP letter dated 27.11.2025, expressly recording that the Applicant's services were required at Naval Dockyard, Mumbai for operational necessity and long- term strategic objectives and that a retention proposal had already been forwarded.
Significantly, the deponent of the Reply, Capt. P.B. Midag, who now asserts that Technical Assistants are "overborne" at Naval Dockyard, Mumbai (Reply para 3.3), had himself endorsed and forwarded the recommendation for retention on identical service exigencies. The Respondents have thus taken a self-contradictory position, having earlier accepted and recorded that the Applicant's retention was necessary in public interest and on operational grounds, they now deny the same without disclosing any change in circumstances or any material justifying such reversal. This volte face renders the impugned action arbitrary and unsupported by any rational basis.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
5. It is further material that the impugned transfer order dated 30.09.2025 (Annexure Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 Al to the OA) and the subsequent order 18 OA No.70/2026 dated 15.01.2026 (Annexure A3 to the OA) were issued in the normal course without recording any specific administrative exigency or operational requirement, as also noted in the interim order of this Hon'ble Tribunal dated 29.01.2026. The absence of recorded reasons is directly contrary to Paragraph 3 of the Transfer Policy, which mandates objectivity, fairness, transparency, consideration of personal requirements, and minimisation of discretion. The Respondents have further failed to communicate and implement the transfer within the prescribed timelines, including the 14.11.2025 deadline in the order dated 30.09.2025, thereby curtailing the Applicant's opportunity to make a meaningful representation before the movement period expired. This constitutes a violation of Paragraph 25 of the Policy and the principles of natural justice.
6. The Respondents have applied the Transfer Policy in a selective and discriminatory manner. By order dated 01.12.2025, one Senior Technical Assistant was retained at Mumbai. Hereto annexed and marked as Annexure "RJ-A1" is the copy of the order dated 01.12.2025. By the impugned order dated 15.01.2026, deferment of transfer was granted to another junior Technical Assistant. In addition, one Senior Technical Assistant originally Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi transferred to Sri Vijay Puram by order dated 30.09.2025 was subsequently retained Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 at Mumbai through the order dated 19 OA No.70/2026 01.12.2025. Thus, out of the three Technical Assistants initially earmarked for transfer from Mumbai, the retention or deferment requests of at least two have been accepted, whereas the Applicant alone has been singled out for immediate transfer. Such differential treatment of similarly situated employees within the same cadre and exchange matrix, without any disclosed criteria or rational basis, violates Article 14 of the Constitution and vitiates the impugned action.
7. The averments regarding the Applicant's status as a Group 'B' officer (Technical Assistant, Level-8, 6th CPC) in the Engineering Cadre, presently posted at Naval Dockyard, Mumbai, and his promotions as Chargeman (2006), Foreman (2012), and Technical Assistant (2022) are admitted only to the extent of accurately reflecting his service record; the claim of inherent All India Service liability for these posts is denied as misconceived and contrary to IHQ MOD (Navy) Transfer Policy Guidelines dated 11.08.2015. Paragraph 4 thereof expressly segregates civilian cadres:
Para 4(a) covers IHQ MOD (Navy) Technical Officers with All India liability; Para 4(b) addresses Command-level Group 'B' Non-Gazetted and Group 'C' Non-
Industrial personnel with liability ordinarily Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi confined within the Command; and Para 4(c) governs Dockyards/NSRY and similar Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 units, expressly including Industrial 20 OA No.70/2026 employees and Technical Supervisors (Foreman, Chargeman, etc.), thereby placing the Applicant's cadre outside the All India liability regime, with transfers historically managed internally to protect seniority and promotions, consistent with pre-2015 practice. Moreover, the Applicant's 26 year service tenure has not been treated as anomalous for similarly placed Technical Assistants/Officers retained at the same station for 8-12 years post-promotion (aggregate 30+ years of service reckoned from initial appointment in subordinate posts), rendering the selective enforcement discriminatory and violative of Article 14 of the Constitution, absent any uniform or rational criteria from the Respondents.
8. The Respondents' handling of the Applicant's deputation application further demonstrates inconsistency in their stand regarding manpower position at Naval Dockyard, Mumbai. The Applicant had applied for the post of Deputy Registrar, Armed Forces Tribunal, Mumbai pursuant to the advertisement dated 19.12.2024 (Annexure A17 to the OA) and the subsequent vacancy circular dated 21.03.2025 (Annexure A18 to the OA).
Instead of forwarding the application with No Objection Certificate in accordance with DoPT norms, the Respondents, after an unexplained delay of 10 months, returned Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi the application vide letter dated 27.11.2025, citing operational necessity and strategic Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 objectives at Naval Dockyard, Mumbai and 21 OA No.70/2026 referring to the pending retention proposal. The said communication does not refer to any excess strength or overbearing. The present plea of "overborne" strength is thus unsupported by any contemporaneous record. No cadre-wise vacancy chart, redistribution matrix or station-wise deployment data has been produced. At the same time, many Technical Assistants /officers have continued to be retained at Mumbai. The absence of transparency and selective accommodation of certain individuals renders the impugned action procedurally unfair".
6.2 It was further submitted while the Hon'ble Supreme Court has recognized that spouse postings remain amenable to administrative exigencies, it has unequivocally mandated that the State, in its capacity as a Model Employer, must calibrate transfer policies in consonance with constitutional imperatives, substantive equality, and the inviolability of the family unit. A reference is also made to the directive under Article 51A(h) of the Constitution. As regards the medical condition of his son, it was submitted Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 that ADHD is a neurodevelopmental disorder under mental 22 OA No.70/2026 illness and that specialized multidisciplinary facilities presently available at Mumbai, including coordinated hospital and educational support systems, are not shown to be available at Karwar.
6.3 It was further submitted that after the transfer of the applicant in 2024, and that the applicant was retained on account of spouse posting is contrary to the record. The primary reason for retention, as is evident from the statement of case (Annexure A-10), was operational requirements and absence of replacement as the primary grounds. It was also submitted that records clearly establish that there has been no change in circumstances between December, 2024 and September, 2025, as the grounds of operational necessity and specialized role recorded in December, 2024 have been reiterated in subsequent communications, including the letter dated 27th November, 2025.
6.4 Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
It was submitted that the respondents are silent Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 on these crucial points and they have not made any averment 23 OA No.70/2026 explaining the changes in the 09 months. It is also submitted that the normal tenure is of five years and the respondents have not demonstrated any exceptional circumstances justifying deviation from this tenure norm. It was further submitted that Technical Officers are retained at Mumbai for substantially longer period i.e., 8-12 years and even 30+ years since initial appointments, without any transfer. It was further submitted that the applicant's specialized Foundry and Manufacturing experience, for which he had been retained in 2024 and again recommended for retention in 2025, does not align with the function requirements at Karwar.
6.5 It was further submitted that DoPT OM dated 09th January, 2014 requires that transfers of this nature be considered through a structured and transparent process involving a duly constituted committee or board. However, the reply is silent on this issue. It was submitted that the Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 applicant's 26 years' uninterrupted tenure at Naval 24 OA No.70/2026 Dockyard, Mumbai is consistent with the policy design and established practice, and that the attempt to retrospectively impose All India Liability after promotion to Technical Assistant is arbitrary and inconsistent with the policy structure. It was submitted that the reliance on the decisions in Eric A. Menezes Vs. Union of India & Ors., in OA No.183/2025 and Bhagwan Tomar Vs. Union of India & Ors in OA No.219/2019, are misplaced, as those cases involved either disciplinary issues or established administrative necessity without the critical elements present in the case of the applicant i.e., prior retention on identical operational grounds, spouse grounds and the child's neurodevelopmental disorder. It was also submitted that judicial review is permitted when a transfer order is arbitrary or violative of policy.
7. I have heard the learned counsel for the applicant and the respondents and have perused the pleadings and Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 documents annexed therewith.25
OA No.70/2026
8. During the course of hearing, the applicant reiterated what was submitted in the pleadings and the rejoinder. It was pointed out that he was not the senior-most in terms of station seniority nor the junior-most; that five years of normal tenure is available to the applicant at Mumbai after being promoted to the post of Tax Assistant.
For operational reasons, he was retained at Mumbai in 2024, and that it is wrong on the part of the respondent to state that his retention was on grounds of spouse, as though the applicant had given a representation, the primary reason was exigency of work at Mumba Naval Dockyard. It was submitted that after the 2025 order, which is impugned in this OA, the applicant had recommended his case for retention on grounds of administrative exigencies at Mumbai. The same was not accepted. However, when his application came up for forwarding to the Armed Forces Tribunal (AFT) for deputation, the reason given for returning the application is Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 exigency of work in Mumbai. This letter is dated 27th 26 OA No.70/2026 November, 2025. It is submitted that the arguments of the respondents of administrative exigency in Karwar contradict their own stand. It was submitted that the transfer was a normal routine transfer in which case, the applicant has a normal tenure of five years, whereas he has been transferred after completion of two years.
9. It was also argued that no Board was constituted as required for transfer for administrative reasons, as required by DoPT OM. It was also submitted that extraneous considerations led to the transfer within nine months of his being retained on grounds of administrative exigencies. It was stated that on one hand, he is being denied NOC with respect to his application for the post of Deputy Registrar at the AFT, a post in Level -11 and for which he was the only available candidate, on grounds of exigency of work at Mumbai, but thereafter the respondents argue that there is administrative exigency which led to his transfer to Karwar.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 Not only is this contradictory, it is also jealousy, as the 27 OA No.70/2026 applicant, presently in Level - 08, could be appointed to a post in Level - 11.
10. As against this, the respondents argued that the applicant had All India Transfer Liability as soon as he was promoted to Group 'B' and that the applicant has remained at Mumbai for 12 years after becoming Group 'B'. It was also argued that organizational interest and administrative exigencies override all other concerns. It was further argued that since the transfer was on administrative exigencies, normal tenure can be curtailed. It was also submitted that transfer can be challenged only on grounds of mala fide, arbitrariness and incompetence of the issuing authority.
None of these exist in the case of the applicant, who has been in Mumbai for 26 years. It was further submitted that the sanctioned strength at Mumbai was 31, as against which 34 persons were working, whereas there was a shortage at Karwar.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
It was also argued that guidelines are not Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 mandatory when the applicant had an All India Transfer 28 OA No.70/2026 Liability. It was further argued that the recommendation of the Bombay unit was examined and rejected by the headquarters, and that the applicant has no indefeasible right to be retained. It was also argued that the applicant had been retained on spouse ground earlier also, and that the child of the applicant was not suffering from any life-threatening disease.
11. It was argued that in any case, public interest and administrative exigency would prevail over spouse ground and child grounds. The applicant also relied on the various decisions mentioned earlier in the Original Application.
12. I have given thoughtful consideration to the submissions made by the learned counsel for the applicant and learned counsel for the respondents.
13. Having gone through the decisions cited by the respondents, it is clear that spouse/child grounds are not absolute but are subject to administrative feasibility and Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 practicability. The OM of DoPT of 2009 also makes it clear 29 OA No.70/2026 that this should be considered as far as possible. However, the said judgments also state that, as far as possible, the Directive Principle of Article 51A(h) need to be taken into account and, if possible, considered for the welfare of the family.
14. From the said decisions, it can also be inferred that administrative exigencies override other concerns and that a transfer order cannot be normally challenged except on grounds of mala fide and arbitrariness. It is, therefore, to be seen as to whether the transfer was made on account of administrative exigencies, in which case other concerns will have to be kept aside. It is also to be looked into if there were any extraneous considerations in passing of the said order.
15. It can be seen from the impugned order that it was a general annual transfer order and it does not mention that the same has been passed for administrative reasons.
While that may not be necessary to be mentioned in the order Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 itself, the action of the respondents does not show that there 30 OA No.70/2026 were any administrative exigencies which may have led to the transfer of the applicant. The administrative exigencies, if at all existed, existed at Mumbai. The applicant had initially been transferred in 2024, when he was retained in Mumbai primarily on grounds of administrative exigencies, although the case file did mention his family conditions. The note put up for his retention and which was approved is reproduced below:
"File No. DYT/BEF041/RE04/REVIEW TRANSFER-F3290M.
Sub: Review of Transfer order and retention of Shri AL Mhatre, TA (Engg), F320M CNo.41/NEF Dept, ND(Mbi).
1. Refer note 1A-5A.
2. Shri. AL Mhatre, TA(Engg), has been serving ND(Mbi), since 10 July 2000. Who is currently serving as Deputy Manager (BEF) and Center manager for Light Foundry Shop (LFS) C. 40 & 41. His leadership and technical expertise have been vital in ensuring operation efficiency and driving modernisation projects.
However, the individual has been permanently transferred out to NSRY(Kar) with DTBR as Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 31 Dec 24 vide note 2A. Therefore, a detailed 31 OA No.70/2026 statement of case for review of transfer order and retention of Shri. AL Mhatre, TA(Engg), F3290M CNo. 41/ BEF Dept, ND(Mbi) is placed at 1A for kind consideration.
3. As the Navy's premier casting facility, the LFS is crucial to indigenisation, reverse engineering and operational readiness Shri. Mhatre's guidance and control is integral to ongoing /modernisation under ATWP (2025- 26 & 2026-27) projects, including advanced manufacturing technologies like investment casting process, 3D sand mould printing, CNC 5-axis machines, laser cutting equipments, NDT and metal testing laboratory and Metal spectrometry. His expertise ensures defect-free production, seamless trails, and successful project commissioning, which are vital to achieving the Navy's strategic goals.
4. Retention of Shri Mhatre is essential for sustaining operations, bridging skill gaps and mentoring personnel for advanced techniques as he has specialised training and unique skill set which are indispensable for LFS. He has proven ability to address and resolve infrastructure challenges and ensure successful completion of upcoming ATWP/AMWP/OCPP projects.
5. Further, Shri. Mhatre's spouse, Smt. Priya A. Mhatre, a central govt employee, works at BARC Hospital, Mumbai in a rigorous three-
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi 400083, S=Maharashtra, SERIALNUMBER= shift duty cycle, copy of her service certificate DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi placed at 3A. Their family includes a daughter Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 who is pursuing 1st year Bachelor of Social 32 OA No.70/2026 Work (BSW), at TISS Mumbai, a son studying in class 4th at AECS School, who is suffering from ADHD, a copy of his medical certificate placed at 4A, who requires continued medical and parental care.
6. Additionally, IHQ MoD(N) transfer policy vide note 5A, indicates government guidelines on "Posting of Husband and Wife at the same station" and "the station seniority" which further necessitates prioritizing of eligible seniors for outstation transfers.
7. In view of the foregoing, it is requested to retain Shri. AL Mhatre in ND(Mbi) to utilise his expertise for the upcoming ATWP/OCPP projects and meet his domestic / family requirements on compassionate / medical grounds.
8. Submitted please".
16. This approval is of December, 2025 and it mentions that his presence is necessary for projects during the period 2025-2026 and 2026-2027. The applicant subsequently applied for the post of Deputy Registrar, which is a Group 'A' Gazetted post to be filled on deputation. This was a Level-11 post, whereas the applicant was working in Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 33 OA No.70/2026 Level -8. However, the applicant's request application was withheld and not forwarded to the AFT. The post was re- advertised on 21st March, 2025, as it remained unfilled. The applicant was once again transferred vide order dated 30 th September, 2025 from Naval Dockyard Mumbai to NSRY Karwar. The statement of case for review of transfer order and his retention dated 17th October, 2025, stating the very same reasons as given in the earlier recommendation was sent to Naval Headquarters. It mentioned infrastructure projects for the period 2026-2027. The proposal mentions detailed justification for his retention at Mumbai on administrative grounds. Family circumstances are also mentioned. The recommendation reads as under:
"6. Recommendation: It is proposed that the transfer order of Shri AL Mhatre be reviewed and his retention at the current station be considered for the following reasons: 6.1 To retain his critical expertise for overseeing Digitally signed by Deepti Ganesh Munarshi the induction and seamless implementation of DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= steel manufacturing and white metalling 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 projects, ensuring a smooth transition to 34 OA No.70/2026 advanced foundry practices and software-driven technologies. His leadership is vital for training personnel, streamlining workflow, and sustaining operations within the upgraded setup for indigenisation.
6.2 In accordance with the policy of "Posting of Husband and Wife at the Same Station" and address his personal responsibilities, particularly the care and support required for his children, as detailed in paragraph 3.6 above."
17. This again shows that administrative exigencies specific to the applicant existed at Mumbai. The said request was rejected vide order dated 01st December, 2025, which considered the case of three persons - S.U. Panda, A.L. Mhatre (applicant) and V.B. Choudhary. The reasons given for retention after implementing the transfer order were that the strength borne at Naval Dockyard, Mumbai comes to 34 against the sanctioned strength of 31. Thereafter, probably on the representation of the affected parties, the matter was revisited and an order passed on 15th January, 2026, whereby Mr. S.U. Panda rejected for the same reason, was retained at Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 Mumbai till 30th June, 2026 in view of service exigencies. 35 OA No.70/2026 Mr. V.B. Choudhary's place of posting was changed from Naval Dockyard, Mumbai to Karwar considering his circumstances. The case of the applicant, however, was rejected, stating that the condition of the child does not fall under the category as specified vide paragraph 15 of the transfer policy i.e., life-threatening. It also mentioned that in the last cycle the individual was retained considering working spouse at the same station, but since no vacancy exists in Mumbai, the request for retention cannot be acceded.
18. It is further noticed that the applicant's application for the post of Deputy Registrar in AFT, Regional Bench at Mumbai on deputation basis was returned on 27th November, 2025, stating that Naval Dockyard Mumbai has taken up a proposal with respect to retention of above-
mentioned individual at Naval Dockyard, Mumbai in view of operational necessity and achieving the department's Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 strategy and long-term objectives, and that the said proposal 36 OA No.70/2026 be reconciled. It can, therefore, be seen that on one hand persons are retained on grounds of administrative exigencies, whereas the applicant's case for retention, despite administrative exigencies for his specific nature of work existing at Mumbai, is rejected. His application for deputation to AFT is not forwarded on the ground that operational necessity exists at Mumbai. In this background, when nothing is brought on record and only by making a bald statement that exigencies exist in Karwar and they cannot be disclosed for security reasons, cannot be accepted. The respondents could have produced before the Court, in sealed cover, the reasons that were considered to transfer the applicant to Karwar to establish administrative exigencies at that place. They could have also produced the minutes of the original meeting leading to the transfer, which could show that it was administrative exigencies at Karwar, which led to his transfer. On the other hand, the discussion above clearly Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 shows that administrative exigencies definitely existed at 37 OA No.70/2026 Mumbai, specific to the applicant. These are evident from the statement of case sent by the respondents for retention of the applicant at Mumbai. From their own notes sent in 2024 and 2025, it is evident that a similar situation existed at both points of time. The only thing that changed in between was the application for Deputy Registrar, which was not forwarded on grounds of his requirement for operational necessity at Mumbai. The respondents contradict their own stand while taking decisions on the aspect of transfer and grant of NOC.
19. I am, therefore, of the opinion that transfer of the applicant from Mumbai to Karwar and thereafter rejection of the proposals for retention and the representation of the applicant suffer from mala fide. The transfer order, therefore, needs to be interfered with. Accordingly, the transfer order dated 30th September, 2025 and orders of rejection are quashed to the extent of the applicant.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0 38 OA No.70/2026
20. The Original Application is allowed. Pending MAs, if any, stand closed. No costs.
(Sangam Narain Srivastava) Member (A) dm.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Deepti Ganesh Munarshi Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.05.06 10:42:40+05'30' Foxit PDF Reader Version: 2024.3.0