Central Administrative Tribunal - Mumbai
Arti Prakash Rasam vs Standaedization Testing & Quality ... on 12 March, 2026
1
O.A. No.172/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION NO. 172/2026
Date of decision: 12.03.2026
Hon'ble Mr. Umesh Gajankush, Member (J)
Arti Prakash Rasam,
Age 56 years,
Wife of Prakash Rasam,
Working as Assistant Section Officer,
Electronic Regional Test Laboratory (W)
F7 & F8, MIDC Area, Andheri,
Mumbai-400031,
Mobile No. 9820862822
Email id. [email protected]
...Applicant
(By Advocate: V. P. Shirke)
Versus
1. Union of India
Through the Secretary,
Ministry of Electronics & Information
Technology,
Digitally signed by Abhishek
Electronics Niketan,
Abhishek 6, CGO Complex, Lodhi Road
DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone=
79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode=
110040, S=Delhi, SERIALNUMBER=
9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek
Reason: I am the author of this document
Location:
Date: 2026.03.20 16:44:26+05'30'
Foxit PDF Reader Version: 2025.1.0
New Delhi-110003.
2. The Director General,
Directorate,
Standardization, Testing & Quality
Certification,
3rd Floor, Electronics Niketan
5, CGO Complex, Lodhi Road
New Delhi-110003.
3. The Director,
Electronics Regional Test Laboratory
2
O.A. No.172/2026
(West),
F-7 & F-8, MIDC Area,
Andheri (East)
Mumbai-400093.
4. Shri. Anil Kumar,
Assistant Section Officer,
Working in the office of
ETDC (Ajmer),
Plot No. 295, 96,
RIICO Industrial Area,
Palra, Rajasthan-305025
...Respondents
(By Advocate: Ms. Vaishali Choudhari)
ORAL ORDER
Per: Shri Umesh Gajankush, Member (J)
Heard finally with consent.
2. The applicant before this Tribunal is challenging impugned communication dated 27.02.2026 and transfer order dated 20.02.2026 (Annexure- A/2).
Digitally signed by AbhishekAbhishek DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone= 3 It is the case of the applicant that by impugned office 79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode= 110040, S=Delhi, SERIALNUMBER= 9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek Reason: I am the author of this document Location:
Date: 2026.03.20 16:44:26+05'30' Foxit PDF Reader Version: 2025.1.0 order dated 20.02.2026 (Annexure-A/2), applicant has been transferred from ERTL (Mumbai) to ETDC (Goa) with immediate effect. In pursuance of which, by office order dated 27.02.2026, the applicant has been relieved on papers.3 O.A. No.172/2026
4. It is submitted that the department has issued office memorandum dated 19.02.2026 (Annexure-A/7) on the subject of circulation and implementation of transfer and rotation policy 2026 and on next date i.e. 20.02.2023, applicant is subjected to transfer.
5. It is further submitted that in respect of the transfer order, the applicant has submitted representation dated 27.02.2026, however, the said representation has not been considered till date. It is submitted that as per the transfer policy clause 7 provides that an employee is having right to submit representation before the Director General STQC within 10 days of the receipt of such order.
6. It is further submitted that after notice, the official Digitally signed by Abhishek respondents have filed the reply and in para C it is stated Abhishek DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone= 79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode= 110040, S=Delhi, SERIALNUMBER= 9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek Reason: I am the author of this document Location:
Date: 2026.03.20 16:44:26+05'30' Foxit PDF Reader Version: 2025.1.0 that "it is not denied that two Assistant Section Officers presently posted in ERTL Mumbai, originally held from Goa and, therefore, according to the learned counsel, if this is the position, then applicant may be retained at Mumbai".
7. On the aforesaid basis, the applicant has prayed for quashment of transfer and relieving order.
4 O.A. No.172/20268. On the other hand, Madam Choudhari, learned counsel for the respondents on the basis of reply vehemently argued that the transfer order has been made by the department in the administrative exigency and employee has no right to dictate the department, when, how and where his service is required to be utilized.
9. It is further submitted that in view of the statement made in para C of the reply, nothing can be inferred that the applicant can be retained at Mumbai. On instructions, from Shri Florence Fernandes, Administrative Officer ERTL (West), Mumbai, it is further submitted that recently the respondent no.4 has joined at Mumbai from Ajmer. It is further submitted that transfer order has been made taking note of the transfer policy, requirement of the department Digitally signed by Abhishek Abhishek DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone= and the applicant is posted at Mumbai since 33 years and, 79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode= 110040, S=Delhi, SERIALNUMBER= 9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek Reason: I am the author of this document Location:
Date: 2026.03.20 16:44:26+05'30' Foxit PDF Reader Version: 2025.1.0 therefore, there is no ground available to interfere in the present Original Application and same is liable to be dismissed.
10. After hearing learned counsel for the parties and after perusal of the record, it is not in dispute that that 5 O.A. No.172/2026 applicant has been transferred from Mumbai to Goa by the impugned order. It is also not in dispute that as per the transfer policy, he has submitted representation on 27.02.2026 before the competent authority and in reply, the factum of receipt of representation has not been denied by the official respondents. When there is a specific clause available in the transfer policy for consideration of representation against the transfer order, if any employee is having the grievance, then the said authority/competent authority is required to consider and decide the said representation in accordance with the policy.
11. Under these circumstances, the present Original Application is disposed of with direction to the respondent no.2 to consider and decide the representation of the Digitally signed by Abhishek Abhishek DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone= application dated 27.02.2026 (Annexure-A/3) within a 79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode= 110040, S=Delhi, SERIALNUMBER= 9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek Reason: I am the author of this document Location:
Date: 2026.03.20 16:44:26+05'30' Foxit PDF Reader Version: 2025.1.0 period of 30 days from the date of receipt of certified copy of this order.
12. At this stage, learned counsel for the applicant submits that he may be permitted to add some additional ground/circumstances by submitting additional 6 O.A. No.172/2026 representation for the consideration before the competent authority. Same may be done within a period of 10 days from today.
13. Till the decision of the representation, the parties are directed to maintain status quo.
14. With the aforesaid directions, the OA is disposed of.
MAs, if any, stand closed. No order as to costs.
(Umesh Gajankush), Member (J) A* Digitally signed by Abhishek Abhishek DN: C=IN, O=Personal, T=6154, OID.2.5.4.65=f28f2fbc5f714cb8bbe47e219697b88b, Phone= 79e4b0eae75371db339188c432b404cdd337994a10a3176ada0630358526b47d, PostalCode= 110040, S=Delhi, SERIALNUMBER= 9c4be475bf23922d93317b590390a4f38be48c0c867b19fa366ffe4870980c5a, CN=Abhishek Reason: I am the author of this document Location:
Date: 2026.03.20 16:44:26+05'30' Foxit PDF Reader Version: 2025.1.0