Central Administrative Tribunal - Delhi
Namita Kumari vs Comptroller And Auditor General Of ... on 15 April, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No. 1263/2025 (MA No. 3693/2025) with OA No. 1711/2025
(MA No. 4883/2025), OA No. 2808/2025 (MA No. 4885/2025),
OA No. 2631/2025 (MA No. 4862/2025), OA No. 2996/2025
Order Reserved on: 17.03.2026
Order Pronounced on: 15.04.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
OA No. 1263/2025
1. Vishal Bhati, son of Shri Raghunath Bhati, resident of 28/4,
Gali No. 16, Vishwas Nagar, New Delhi-110032, working as
Senior Auditor
2. Yogesh, son of Lt. Sh. Bhoodev Singh, resident of L-2 Vijay
Vihar Phase-II, Sector-4 Rohini, New Delhi-110085, working as
Senior Auditor
3. Sandeep Kundu, son of Sh. Balbir Singh, resident of 1289,
sector 23, Sonipat, Haryana-131001, working as Accountant
4. Sumit Dogra, son of Shri Raj Kumar Dogra, resident of 1333A/
Sector 41 B. Audit Pool Colony, Chandigarh 160036, working as
Senior Auditor
5. Uma Baghel, daughter of Shri Umrav Singh, Resident of
1317A/ Sector 41 B, Audit Pool
Colony, Chandigarh 160036, working as Senior Auditor
6. Viswapati Singh, son of Shri Bishwa Nath Singh, resident of
Flat No. 301/C, Sri Ram Parisar Apartment, Road No. 11, Patel
Nagar, Patna, Bihar, PIN-800023, working as Senior Audit
Officer
7. Krishna Kumar, son of Late Sheo Narain Prasad Gupta, resident
of Flat No. 502, L K Shakti Palace, R.K. Puram, Malhaur Road,
Chinhat, Lucknow 226028, working as Senior Audit Officer
8. Garima, daughter of Shri Ravindra Prasad Singh, resident of 6-
Swastik Row House, opp. Jaldhara-3. Manipur(Shaktinagar),
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
2
Ghuma Gam Ahmedabad-382115, Gujarat, working as Senior
Auditor
9. Anamika Rejina Minz, daughter of Late Medard Joseph Minz,
resident of B-217, New Colony, HAL Township, Near Kalyan
Mandap, Faizabad Road Lucknow-226016, working as Senior
Auditor
10. Deepak Kumar Singh, son of Shri S.R Chauhan, resident of
Plot no-14, Behind Pandey Classes. Near Gulab PCO, Saraitaki,
Leelapur Road, Jhunsi, Prayagraj, U.P. PIN-211019, working as
Assistant Audit Officer
11. Madhu Kumari, daughter of Shri Rajendra Prasad Paswan.
resident of New Mahavir Colony. Bataura Road, Beur, Patna,
Bihar, working as Senior Auditor
12. Dilip Kumar Rajak son of Late Lakshman Rajak, resident of
Siddheswar Nagar, Main Pura Patna, Near Green Heritage
Apartment, Pin-800013, working as Senior Auditor
13. Prashant Sachan, son of Late Kailash Nath Sachan, resident of
134/18E, JagmalKaHata, Gali No. 01, Rajrooppur, Prayagraj-
211011, working as Senior Auditor
14. Sachin Kumar Rai, son of Late Markandey Rai, C/o Pankaj
Rai, Vill-Amara Khaira Chak Post-kandwa, Near Indrani Gas
Godam, Varanasi, pin-221106, working as Senior Auditor
15. Himani Chaturvedi, daughter of Shri Rajnikant. J Bhatt,
resident of D-3/3/21 Orange Tivoli, Blue Lotus Hill, Opposite Sun
Valley, Gwalior, Pin-474006, working as Senior Auditor
......Applicants
(By Advocate : Mr. Ajesh Luthra with Ms. Sriparna Chatterjee)
Versus
THE DEPUTY COMPTROLLER AND AUDITOR GENERAL
(Dy. CAG), Human Resources (HR), Office of the CAG of India,
Pocket-9, Deen Dayal Upadhyaya Marg, New Delhi-110124
...Respondents
(By Advocate: Mr. Siddhant Sharma)
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
3
OA No. 1711/2025
Sonam Kaushik,
W/o Sh. Manish Bhardwaj,
Aged about 36 years,
R/o 108, 2nd Floor, Kohat Enclave, Pitampura, Delhi 110034
Working as a Data Entry Operator Grade-A, at Office of Director
General of Audit (Defence Services), New Delhi on deputation
......Applicant
(By Advocate : Ms. Aanchal Anand with Mr. Amit Anand)
Versus
Comptroller and Auditor General of India through
The Deputy Comptroller and Auditor General (Dy. CAG), Human
Resources) (HR) 9, Deen Dayal Upadhyay Marg New Delhi-
110001
...Respondents
(By Advocate: Mr. Siddhant Sharma)
OA No. 2808/2025
1. Ravijot Singh, son of Shri Bhupinder Singh, resident of 1164,
Sec 123, Sunny Enclave, SAS Nagar Punjab, working as Senior
Auditor
2. Abhishek Gupta, son of Shri Madan Lal Gupta, resident of S 23
Takiya Kavaldah Surajkund Gorakhpur, working as Senior
Auditor
3. Ankit Patel, son of Sh. Rajesh Verma, resident of 2/245
Vishwas Khand Gomti Nagar Lucknow 226010, working as
Senior Auditor
4. Vivek Yadav, son of Sh. Vijay Bahadur Yadav, resident of
H.No.548 Chha/139, New Manak
Nagar, Near RDSO, Lucknow, working as Assistant Audit Officer
5. Rajendra Kumar Meena, son of Shri Ramkheladi Meena,
resident of Qtr No. G-602, New Staff Railway Colony Jagatpura
Jaipur-302017, working as Senior Auditor
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
4
6. Anil Kumar Meena, son of Shri Omprakash Meena, resident of
Qtr No. 17, Old Railway Colony Jagatpura Jaipur-302017,
working as Senior Auditor
7. Vishwa Vijay Singh, son of Shri Ram Bahali Singh, resident of
196-T, Manas Vihar Colony, Padari Bazar, Gorakhpur, working as
DEO Grade B.
......Applicants
(By Advocate : Ms. Sriparna Chatterjee)
Versus
1. The Deputy Comptroller and Auditor General of India (Dy.
CAG), Human Resources (HR),
Office of the CAG of India, Pocket-9,
Deen Dayal Upadhyaya Marg, New Delhi-110124
...Respondents
(By Advocate: Mr. Siddhant Sharma)
OA No.2631/2025
Sumit Vaid,
S/o Sh. Kulbhushan Vaid
Aged about 41 years,
R/o House No. 137, Pocket-22 Top Floor, Rohini Sector-24, New
Delhi 110085
Working and posted as a Senior Auditor, at Director General of
Audit (Central Expenditure), Audit Bhavan, New Delhi on
deputation.
...Applicant
(By Advocate : Ms. Aanchal Anand)
Versus
Comptroller and Auditor General of India through The Deputy
Comptroller and Auditor General (Dy. CAG), Human Resources)
(HR) 9, Deen Dayal Upadhyay Marg
New Delhi-110 001
...Respondents
(By Advocate: Mr. Siddhant Sharma)
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
5
OA No.2996/2025
1. Shadab Akhtar
S/o Late A.H. Akhtar,
Resident of H. No. 0221, Medical College Road, in front of
Medical College Gate, Chandra Gali, Near Eidgah, Fattehpur
Dihwa, Gorakhpur-273013 working as A.A.Ο.
......Applicant
(By Advocate : Mr. Nishant Kumar Srivastava)
Versus
1. The Deputy Comptroller and Auditor General of India, Human
Resources (HR),
Office of the CAG of India, Pocket-9, Deen Dayal Upadhyaya
Marg, New Delhi-11012
...Respondents
(By Advocate: Mr. Siddhant Sharma)
ORDER
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) The issue in all these Original Applications is the same and hence with the consent of the learned counsel for the parties, all the captioned OAs have been heard together and are being disposed of by this common order. However, for writing the present order, the facts are being taken from OA No. 1263/2025 (Vishal Bhati & Ors. v. CAG)) treating the same as the lead case.
2. The brief facts of the case are that the Applicants are working in various field offices of the Indian Audit and Accounts Department (hereinafter referred to as IA & AD). Under the existing policy of the IA & AD permitting deputation on spouse 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 6 grounds, the Applicants herein are working at their respective places of deputation with the borrowing offices within IA & AD. The office of the Comptroller and Auditor General of India (hereinafter referred to as CAG) has a policy governing deputation, and in this regard, circulars and letters have been issued from time to time. As per letter dated 28.12.1981, the Heads of Departments in IA & AD were authorized to send their staff on deputation within IA & AD under their own powers after mutual consultation. No time limit was prescribed for such deputations; however, it was provided that deputations extending beyond four years would require approval from Headquarters. Subsequently, the office of CAG issued a letter dated 27.08.1997 addressed to all Accountant Generals/Directors of Audit, whereby the scheme of unilateral transfer within IA & AD and from Ministries/Departments to IA & AD was dispensed with. Consequently, deputation remained the only mode to meet emergent and unavoidable personal circumstances of employees, including on spouse grounds. Employees, including the Applicants, therefore opted for deputation to be with their families. The Government of India, through the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), has issued several Office Memoranda to ensure that husband and wife are posted at the same station. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 7
3. It is submitted that that as per DoPT OM No. 28034/23/2004-Estt(A) dated 23.08.2004, the Government emphasized enhancement of women's status in all sectors. It was observed that earlier guidelines dated 03.04.1986 and 12.06.1997 were not being followed in letter and spirit, and therefore strict compliance was mandated while deciding requests for posting of spouses at the same station. A true copy of the OM dated 23.08.2004 is annexed and marked as Annexure A-5.
4. Counsel for the Applicants submits that DoPT OM No. 28034/9/2009-Estt. (A) dated 30.09.2009 reiterated the importance of posting spouses together to promote family welfare, women's participation in service, and the welfare of children. The OM laid down detailed guidelines, including preferential posting of spouses at the same or nearest station, depending on service conditions.
5. Counsel for the Applicants submits that in compliance with the above DoPT guidelines, the office of CAG issued a letter dated 11.02.2015 stating that in the absence of a unilateral transfer scheme, requests of officials for posting at the spouse's station may be considered through deputation within IA & AD. A true copy of the letter dated 11.02.2015 is annexed and marked as Annexure A-7.
1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 8
6. Counsel for the Applicants submits that a subsequent letter dated 24.08.2021 reiterated the above policy but stated that such deputations would not be treated as being in public interest. This position is contradictory to the objective of DoPT guidelines, which aim to promote family welfare and women's participation in service. A true copy of the letter dated 24.08.2021 is annexed and marked as Annexure A-8.
7. Counsel for the Applicants submits that although deputation on spouse grounds was permitted, the Applicants were denied deputation allowance on the ground that such deputation was not in public interest. This is inconsistent with the policy objectives of the Government of India, which promotes family welfare and women's status.
8. Counsel for the Applicants submits that the Government of India OM dated 08.07.2009 provides for waiver of cooling-off period up to six months to facilitate posting of spouses at the same station, particularly for women officers. It is also submitted that the DoPT OM dated 24.11.2022 once again reiterated the importance of framing transfer policies ensuring posting of husband and wife at the same station and that the office of CAG issued a letter dated 09.08.2024 revising the transfer and posting policy for AAOs and SAOs of the Commercial Cadre, reiterating 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 9 adherence to DoPT guidelines on spouse posting and preference to persons with benchmark disabilities.
9. Counsel for the Applicants submits that in April 2023, a draft deputation policy was proposed which, inter alia, retained deputation on spouse grounds without limitation. However, the impugned policy dated 27.01.2025 introduced a cap of seven years on deputation. The reasoning that long deputations defeat the concept of deputation is misconceived, as deputation was introduced as a substitute for transfer to meet spouse-related needs. The impugned policy fails to appreciate the social objective behind spouse postings.
10. Counsel for the Applicants submits that the impugned policy imposes restrictions including a maximum deputation tenure of seven years, mandatory cooling-off period of three years, requirement of consent of borrowing and lending authorities, and strict conditions for extension, along with consequences such as denial of salary and disciplinary action beyond approved tenure.
11. Counsel for the Applicants submits that the policy provides certain exceptions, including for J&K migrant officials, physically handicapped officials, and officials in specified institutions such as NAAA, ICISA, and ICED and that the policy further provides 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 10 that the guidelines may be relaxed by the competent authority in cases of administrative exigency.
12. Counsel for the Applicants submits that immediately after issuance of the impugned policy, a letter dated 28.01.2025 exempted AAOs and SAOs working in Headquarters from its applicability, without any justification, thereby creating discrimination and that the Applicants are being relieved without being granted the six-month extension provided under the impugned policy itself, which is arbitrary and unreasonable.
13. Counsel for the Applicants submits that the Applicants submitted representations, which remain undecided. Counsel for the Applicants submits that another letter dated 03.04.2025 carved out further exceptions for officials working in Central Training Institutes, thereby reinforcing the discriminatory nature of the policy.
14. Counsel for the Applicants submits the following grounds for relief:
(i) the impugned policy is arbitrary, unreasonable, and against public interest.1
LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 11
(ii) the impugned policy is contrary to mandatory DoPT guidelines mandating posting of spouses at the same station to promote women's participation and family welfare.
(iii) the impugned policy contradicts earlier policies of the Respondent, which were in consonance with DoPT guidelines of 1986, 1997, 2004, 2009, and 2022.
(iv) the deputation on spouse grounds was introduced as a substitute for transfer after the ban on unilateral transfers since 1997, and the impugned policy defeats this objective.
(v) the reasoning that long deputation defeats the concept of deputation is misconceived, as such deputation was meant to serve social and family welfare objectives.
(vi) the policy is discriminatory, as spouse posting provisions continue for certain cadres but are denied to the Applicants.
(vii) the letter dated 28.01.2025 creates unjustified exceptions for Headquarters staff, demonstrating arbitrariness.
(viii) such arbitrary and discriminatory policy decisions are amenable to judicial review.
1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 12
(ix) the Respondent is acting unreasonably by not granting the six-month extension and is forcing immediate relieving, ignoring family and personal hardships of the Applicants.
(x) there is no administrative urgency warranting such hasty action.
(xi) the Applicants will suffer irreparable injury, including disciplinary action and stoppage of salary, if not relieved immediately.
(xii) the Respondent is ignoring its own provision granting six months' extension for those on deputation beyond seven years.
(xiii) out of approximately 42,000 employees, only a minuscule number are on deputation on spouse grounds, and the Applicants represent a very small fraction, making the restrictive policy unjustified.
15. Counsel for the Respondents has filed the counter affidavit and submitted that the present application is misconceived and does not establish any valid legal or constitutional ground for interference. The impugned policy dated 27.01.2025 has been framed in line with administrative prerogatives and is in 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 13 compliance with the existing guidelines issued by the Department of Personnel and Training (DoPT) and other relevant authorities.
16. Counsel for the Respondents submits that the Hon'ble Supreme Court in State of Punjab v. Inder Singh, (1997) 8 SCC 372, defined the concept of deputation and held as under:
"18. The concept of "deputation" is well understood in service law and has a different connotation in service law and the dictionary meaning of the word "deputation" is of no help. In simple words "deputation" means service outside the cadre or outside the parent department. Deputation is deputing or transferring an employee to a post outside his cadre, that is to say, to another department on a temporary basis. After the expiry period of deputation the employee has to come back to his parent department to occupy the same position unless in the meanwhile he has earned promotion in his parent department as per the Recruitment Rules. Whether the transfer is outside the normal field of deployment or not is decided by the authority who controls the service or post from which the employee is transferred. There can be no deputation without the consent of the person so deputed and he would, therefore, know his rights and privileges in the deputation post. The law on deputation and repatriation is quite settled as I've also seen in various judgments which we have referred to above. There is no escape for the respondents now to go back to their parent departments and work there as Constables or Head Constables, as the case may be."
17. Counsel for the Respondents submits that the Hon'ble Supreme Court has held in Umapati Choudhary vs. State of Bihar, 1999 (4) SCC 659, that:
"8. Deputation can be aptly described as an assignment of an employee (commonly referred to as the deputationist) of 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 14 one department or cadre or even an organisation (commonly referred to as the parent department or lending authority) to another department or cadre or organisation (commonly referred to as the borrowing authority). The necessity for sending on deputation arises in public interest to meet the exigencies of public service. The concept of deputation is concerned and involves a voluntary decision of the employer to lend the services of his employee and a corresponding acceptance of such services by the borrowing employer. It also involves the consent of the employee to go on deputation or not. In the case at hand all the three conditions were fulfilled. The University, the parent department or lending authority, the Board, the borrowing authority and the appellant, the deputationist, had all given their consent for deputation of the appellant and for his permanent absorption in the establishment of the borrowing authority..."
18. Counsel for the Respondents submits that the impugned policy is a reasonable and necessary measure to ensure uniformity, administrative efficiency, and compliance with extant instructions, including the Central Vigilance Commission's (CVC) guidelines dated 25.10.2022 regarding the rotation of officials working on sensitive posts. The policy is consistent with the principles laid down by the Hon'ble Supreme Court in State of Telangana v. B. Subba Rayudu, 2022 INSC 956, which emphasized that spouse- based considerations are relevant but cannot override administrative exigencies.
19. Counsel for the Respondents submits that the revised policy's provisions, such as limiting deputation tenure to seven years and introducing a mandatory three-year cooling-off period, 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 15 are aimed at preventing monopolization of specific posts and promoting equitable distribution of opportunities among staff members. The exceptions to the policy for certain institutes and headquarters staff are based on clear administrative and institutional needs and cannot be deemed discriminatory.
20. Counsel for the Respondents submits that the policy includes a six-month transition period for staff members currently on deputation beyond seven years, thereby demonstrating a balanced and humane approach. Claims of immediate and irreparable harm are, therefore, unsubstantiated and speculative. As per para 2 of the letter dated 27.01.2025, "Staff members who are currently on deputation beyond 07 years shall be allowed to continue their present approved term of deputation for another 06 months from the date of issue of these guidelines, to give them and their parent office the time for preparation of repatriation." In all cases of deputation seeking extension beyond 7 years, which were received in Headquarters before issuance of the revised guidelines, the Competent Authority has accorded extension up to 26.07.2025, on the lines of the deputation policy dated 27.01.2025.
21. Counsel for the Respondents humbly submits that the applicants' contention that the policy is arbitrary, unreasonable, or 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 16 discriminatory is not tenable. Policy decisions taken in administrative wisdom, especially those aimed at enhancing organizational efficiency, are not subject to judicial review unless they violate statutory or constitutional provisions, which is not the case here.
22. Counsel for the Respondents humbly submits that as per DoPT OM No. 28034/9/2009-Estt. (A) dated 30.09.2009 (refer para 5 of OM), the cadre controlling authority should strive to post the employee at the station of the spouse and, in case of inability to do so, specific reasons thereof may be communicated to the employee.
23. Counsel for the Respondents submits that these guidelines are applicable only for posting on transfer of an employee under a cadre controlling authority and do not contain any instructions on posting on deputation on spouse grounds under two different cadre controlling authorities. Considering DoPT guidelines and the absence of a scheme of unilateral transfer in IA&AD, the Competent Authority had, vide circular no. 04-Staff Wing/2015 dated 11.02.2015 and letter no. 1009-Staff (App I)/08-2016 dated 06.08.2021 (refer to para 3 and 4 respectively), decided that the requests of officials, who are already confirmed, may be considered for deputation (on spouse grounds) in IA&AD offices 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 17 located at the desired place of posting. These guidelines have not been superseded. The revised deputation policy issued on 27.01.2025 has only limited the tenure of deputation, including deputation on spouse grounds, to a maximum period of 7 years.
24. Counsel for the Respondents further submits that DoPT guidelines are applicable only for posting on transfer of an employee under a cadre controlling authority and do not contain any instructions on posting on deputation on spouse grounds under two different cadre controlling authorities.
25. Counsel for the Respondents further submits that in April 2023, the office of CAG had proposed a draft policy for deputation of staff within the Indian Audit and Accounts Department. The April 2023 policy was only a draft policy and was never approved. Further, DoPT has not made transfer on spouse grounds mandatory. As per DoPT OM dated 30.09.2009, in all such cases (refer para 5 of OM), the cadre controlling authority should strive to post the employee at the station of the spouse and, in case of inability to do so, specific reasons thereof may be communicated to the employee. The revised deputation policy issued on 27.01.2025 has only limited the tenure of deputation, including deputation on spouse grounds, to a maximum period of 7 years. Further, leaving the deputation cap 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 18 open-ended may lead to challenges in compliance with CVC orders dated 25.10.2022 on rotation of officials working on sensitive posts and may deprive other needy officials of the opportunity of deputation.
26. Counsel for the Respondents humbly submits that the CAG Headquarters office is staffed and manned by deputationists (more than 90%); therefore, immediate implementation of the new policy is not feasible due to the unavailability of replacement staff. A phased approach is necessary, considering both the operational requirements of the Headquarters and the challenges associated with the sudden displacement of staff. Hence, the circular dated 28.01.2025 was issued as a temporary measure to maintain workflow continuity while allowing sufficient time to develop a policy for graded changes.
27. Counsel for the Respondents submits that it is true that representations were received seeking amendment in the deputation policy dated 27.01.2025. In this regard, it is submitted that the revised deputation policy issued on 27.01.2025 has only limited the tenure of deputation, including deputation on spouse grounds, to a maximum period of 7 years. This seven-year cap on deputation with a mandatory three-year cooling-off period 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 19 between deputations is in line with the instructions of DoPT on deputation of Central Government employees.
28. Counsel for the Respondents submits that vide letter dated 03.04.2025, an exception was again carved out from the applicability of the impugned policy for those officials working in Central Training Institutes such as NAAA Shimla, ICED Jaipur, ICISA Noida, etc. These institutes have been set up for specialized objectives. Officials posted on deputation there have gained, over a period of time, experience and institutional knowledge crucial for the smooth functioning of these institutes and for achieving their objectives. Considering these factors, the Competent Authority has exempted these institutes from the applicability of the deputation policy.
29. Counsel for the Respondents submits that the contents of Para 1, being part of the record, are admitted only to the extent of reiteration of the contents of the impugned letter/policy dated 27.01.2025 and issuance of the individual orders in pursuance of the policy dated 27.01.2025. The Para 2 of the letter dated 27.01.2025 clearly states that staff members who are currently on deputation beyond 07 years shall be allowed to continue their present approved term of deputation for another 06 months from the date of issue of these guidelines, to give them and their parent 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 20 office time for preparation of repatriation. In all cases of deputation seeking extension beyond 7 years, which were received in Headquarters before issuance of the revised guidelines, the Competent Authority has accorded extension up to 26.07.2025, on the lines of the deputation policy dated 27.01.2025. Counsel for the Respondents submits that the contents of Para 2 are partially admitted to the extent that the Applicants are employees of the office of the Comptroller and Auditor General of India, headquartered in New Delhi, and that the impugned policy dated 27.01.2025 was issued by the said office. However, the interpretation that the cause of action exclusively arises within the jurisdiction of this Tribunal is specifically denied. It is submitted that the policy was formulated and implemented in compliance with applicable rules and guidelines, and the Applicants' grievances, if any, do not constitute a valid cause of action warranting intervention by this Tribunal. Further, the jurisdictional claim must be substantiated in accordance with law and cannot be assumed solely based on the issuance of the policy.
30. Counsel for the Respondents submits that the contents of Para 4.5 are acknowledged to the extent that the DoPT OM No. 28034/2312004-Estt(A) dated 23.08.2004 emphasizes the Government's commitment to promoting women's status across 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 21 all sectors. It is also noted that earlier guidelines issued through OM dated 03.04.1986 and 12.06.1997 aimed to support this objective. The respondents state that the directives contained in the OM dated 23.08.2004 were issued to reinforce the importance of strictly adhering to these guidelines, especially in cases involving requests for posting husband and wife at the same station. However, it is submitted that these guidelines are to be followed in letter and spirit, subject to administrative feasibility, and that any deviation or non-compliance is addressed accordingly to uphold the policy's intent.
31.Counsel for the Respondents submits that the record reflects the issuance of DoPT OM No. 28034/9/2009-Estt. (A) dated 30.09.2009, which reiterates the importance of accommodating spouses at the same station to promote family welfare and support women's status, particularly in cases where both spouses are in government service. The guidelines issued in 1986 and 1997 and reiterated through the 2009 OM aim to facilitate such postings where feasible, and the department has been instructed to allow them in letter and spirit. However, these guidelines do not, and were not intended to, impose an absolute or mandatory requirement for deputation cases involving spouses under different cadre controlling authorities. The contention that these 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 22 provisions create a universal right or strict obligation in such cases is denied, as judicial authority, including the Hon'ble Supreme Court in State of Telangana v. B. Subba Rayudu (2022), has emphasized that such considerations are relevant but subordinate to administrative exigencies and service needs, which always take precedence in deputation and posting decisions.
32. Counsel for the Respondents submits that the DoPT OM dated 30.09.2009 emphasizes the importance of considering spouse-based posting requests, and in alignment with these guidelines, the office of the Comptroller and Auditor General (CAG) issued the letter dated 11.02.2015. It is further admitted that, due to the absence of a unilateral transfer scheme within the IA&AD, the Competent Authority decided to permit deputation requests to IA&AD offices located at the desired place of posting for such cases. However, it is denied that the absence of a unilateral transfer scheme or the provisions outlined in the letter dated 11.02.2015 create any obligation for indefinite or open- ended deputation extensions. The revised deputation policy dated 27.01.2025 appropriately limits deputation tenure to maintain fairness and administrative efficiency.
33. Counsel for the Respondents submits that the office of the Comptroller and Auditor General (CAG) issued the subsequent 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 23 letter dated 24.08.2021 which reiterated the provisions outlined in the letter dated 11.02.2015 regarding deputation on spouse grounds. However, it is specifically denied that the Office of CAG failed to appreciate the objectives of the DoPT guidelines or that deputation in such cases was deemed contrary to public interest without valid reasons. The decision to classify such deputations as not in public interest aligns with administrative requirements and service discipline, ensuring equitable application of policies across all personnel. The characterization of these actions as failing to adhere to the DoPT's intent is incorrect and misconceived.
34. Counsel for the Respondents submits that the record reflects that the applicants, who were transferred on deputation in accordance with the policy of the CAG, were denied deputation allowances on the grounds that the deputation was not treated as in public interest. It is also admitted that the CAG has a policy of dispensing with transfers within the IA&AD, and that the Government of India has issued various OMs promoting transfers to advance women's status, facilitate family life, and ensure the education and welfare of children. However, it is denied that such policies or directives create an absolute or mandatory obligation for deputation allowances or that denial of allowances solely on the basis of whether a deputation is considered in public interest 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 24 contravenes these guidelines. As clarified earlier, the guidelines of the DoPT, including the 2009 OM, emphasize balancing personal considerations with administrative needs and do not mandate deputation allowances as a matter of right. The decision to permit deputation under the guidelines is contextual and subject to administrative discretion, especially when policy or operational considerations are involved.
35. Counsel for the Respondents submits that the contents of Para 4.10 are admitted to the extent that the Government of India's Office Memorandum dated 08.07.2009 provides for the waiver of the cooling-off period of up to six months for facilitating the posting of couples at the same station, particularly in the case of a woman officer whose husband is posted under the Government of India. However, it is denied that this provision establishes an unconditional right to such postings. The waiver is subject to administrative feasibility and does not override service exigencies or the broader objectives of equitable personnel management as embodied in the revised deputation policy.
36. Counsel for the Respondents submits that the Office Memorandum dated 24.11.2022 issued by the Department of Personnel & Training pertains to the framing of transfer policies within a cadre controlling authority and emphasizes the posting of 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 25 husband and wife at the same station subject to administrative feasibility. However, it does not impose any mandatory obligations for posting on deputation grounds between two different cadre controlling authorities. The application of these guidelines is limited to transfer cases within the same cadre and does not extend to deputations, as such decisions are governed by separate policies and administrative considerations.
37. Counsel for the Respondents submits that the office of the Comptroller and Auditor General (CAG) issued a letter dated 09.08.2024 outlining the revised transfer and posting policy for Assistant Audit Officers and Senior Audit Officers of the Commercial Cadre. It is further admitted that the policy reiterated adherence to existing DoPT guidelines regarding posting of husband and wife at the same station and provided preference for persons with benchmark disabilities for transfers near their native place. However, it is denied that this policy alters or overrides the provisions of the revised deputation policy dated 27.01.2025, which governs deputation-specific matters, including tenure limits and administrative considerations.
38. Counsel for the Respondents submits that the draft policy referenced was never finalized or approved. The revised deputation policy issued on 27.01.2025 provides a clear 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 26 framework for deputations within IA&AD, including tenure limits of up to seven years. The DoPT guidelines as per OM dated 30.09.2009 do not make spouse-based transfers mandatory but require cadre controlling authorities to strive for such postings, with specific reasons to be communicated in case of inability. The decision to limit deputation tenure aligns with service discipline, operational efficiency, and compliance with CVC orders dated 25.10.2022 on rotation of officials in sensitive posts. Open-ended deputation terms would undermine equitable opportunities and disrupt administrative fairness. The assertion that the revised policy fails to appreciate the societal impact of spouse-based postings is misconceived, as such considerations are balanced with broader administrative and organizational requirements.
39. Counsel for the Respondents submits that in response to Para 4.17, the CAG Headquarters office is staffed and manned by deputationists (more than 90%); therefore, immediate implementation of the new policy is not feasible due to the unavailability of replacement staff. A phased approach is necessary, considering both the operational requirements of the Headquarters and the challenges associated with the sudden displacement of staff. Hence, the circular dated 28.01.2025 was issued as a temporary measure to maintain workflow continuity 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 27 while allowing sufficient time to develop a policy for graded changes.
40. Counsel for the Respondents submits that as per paragraph 2 of the letter dated 27.01.2025, staff members who are currently on deputation beyond seven years shall be allowed to continue their present approved term of deputation for another six months from the date of issue of these guidelines, to give them and their parent office time for preparation of repatriation. In all cases of deputation seeking extension beyond seven years that were received in Headquarters before the issuance of the revised guidelines, the Competent Authority has already accorded extension up to 26.07.2025, in line with the deputation policy dated 27.01.2025. The allegation that officials are being relieved without adhering to the policy is baseless and without merit, as the respondent is strictly following the provisions of the revised policy to ensure fairness and administrative compliance.
41. Counsel for the Respondents submits that it is clarified that the applicants have indeed submitted their representations to the office of the Respondent. Concerning the deputation policy, it is reiterated that the revised policy issued on 27.01.2025 limits the deputation tenure, including on spouse grounds, to a maximum of 7 years, with a mandatory 3-year cooling-off period between 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 28 deputations. This revision aligns with the existing instructions issued by the DoPT for deputation of Central Government employees, ensuring standardization and compliance with prescribed norms.
42. Counsel for the Respondents submits that these institutes are established for specialized objectives, and officers posted on deputation have accumulated valuable experience and institutional knowledge necessary for their efficient functioning and achievement of these goals. Recognizing the importance of continuity and expertise, the competent authority has specifically exempted these institutes from the strict application of the deputation policy, thereby facilitating their smooth operation. The issuance of the letter dated 03.04.2025, which once again carved out exceptions for officials in Central Training Institutes like NAAA Shimla, ICED Jaipur, and ICISA Noida, is based on the critical need to retain experienced personnel. However, the claim of discrimination is unfounded, as these exemptions are rooted in the unique and specialized nature of these institutions, essential for fulfilling their designated objectives.
43. The respondents' counsel has relied on the decision of the Patna Bench of the Tribunal in OA/051/00289/2025 dated 8.10.2025 to support their contentions. In this case, the Tribunal 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 29 considered the issue of posting of spouses at the same station. The Tribunal noted that the applicant primarily relied on the Department of Personnel and Training (DoP&T) Office Memorandums dated 30.09.2009 and 24.11.2022 regarding the posting of husband and wife at the same station. Upon examining the OM dated 30.09.2009, the Tribunal found that paragraph 5 of the OM states that if administrative authorities are unable to accommodate employees at the station of their spouse for administrative reasons, the cadre controlling authority should strive to post the employee at the spouse's station, and if unable to do so, specific reasons should be communicated. The Tribunal emphasized that the phrase "strive to post the employee at the station of the spouse" is not mandatory, as administrative constraints such as limited seats and other employees awaiting posting exist. The Tribunal held that the reasons provided by the respondents, which stated that a period of seven years is reasonable to prevent monopolization of posts and to promote equitable distribution of opportunities, were convincing. The guidelines are not intended to impose an absolute or mandatory requirement for deputation cases involving spouses under different cadre controlling authorities. Furthermore, the Tribunal noted that in the instant case, the wife of the applicant is a teacher under the State Government. The DoP&T guidelines regarding 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 30 posting of spouses at the same station apply in this context, but the Tribunal observed that the applicant had already served on deputation at Ranchi from 31.07.1999 to 01.06.2006, and again for more than eighteen years continuously, totaling over twenty- six years at the same station. While no time limit is prescribed for continuation at a particular place on spousal grounds, this does not mean that such posting can continue indefinitely, nor does it restrict the executive from formulating a policy specifying a definite period for posting. The Tribunal agreed with the respondents' contention that since ninety percent of employees in the headquarters office are on deputation, transfers would be implemented in a phased manner and not at once, and hence the policy is not discriminatory. The Tribunal further held that if the applicant were allowed to continue indefinitely at the same station, it would effectively negate the deputation policy, deny other employees similar opportunities, and bypass recruitment rules, since the applicant would remain on a cadre to which he was not originally recruited. The Tribunal also noted that prior notice had been provided for repatriation to the parent cadre, ensuring no violation of natural justice. The Tribunal observed that the applicant's counsel had engaged in dilatory tactics by filing an MA 563/2025 for continuation of interim relief and seeking adjournments, which was contrary to the direction of the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 31 Hon'ble High Court of Jharkhand to hear the matter expeditiously. Overall, the Tribunal concluded that there was no reason to interfere with the departmental policy, which met the standards of legitimacy, suitability, necessity, and balanced administrative decision-making, and accordingly dismissed the OA along with the MA.
44. The respondents' counsel further submitted that the Tribunal's decision was upheld by the Hon'ble High Court in WP(S) No. 6056 of 2025 in the case of Adwin Vinifred Tirkey versus Union of India and Others, dated 11.11.2025. The High Court observed that the petitioner had failed to appropriately challenge the communication dated 03.04.2025 by not amending the petition and instead attempting to do so through a rejoinder, which is impermissible. The High Court emphasized that transfer in All India Services is an incident of service and an employee does not have a fundamental or vested right to claim a transfer or posting of their choice. Executive instructions or administrative directions, including those related to posting spouses at the same station, do not confer an indefeasible right, and individual convenience must yield to administrative needs. The High Court referred to the judgment of the Hon'ble Supreme Court in SK Nausad Rahaman and others versus Union of India and 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 32 others, reported in AIR 2022 SC 1494, which outlined basic precepts of service jurisprudence. Transfers in All India Services are subject to administrative exigencies, and the desirability of posting spouses together cannot override service requirements or the claims of other employees. The Supreme Court had clarified in Bank of India versus Jagjit Singh Mehta that while it is ordinarily desirable to post husband and wife at the same station, this does not create an automatic entitlement. Employees must consider career prospects alongside family life, and if administrative requirements do not permit co-posting, the hardship is an accepted incident of service. Further, in Union of India versus SL Abbas, the Court held that transfer is an incident of service and judicial interference is limited unless the transfer is shown to be malafide or in violation of statutory provisions. The High Court in Adwin Vinifred Tirkey concluded that transfer powers rest with the employer, the inconvenience caused to employees and their families is not sufficient ground for interference, and the Tribunal's order passed in accordance with departmental instructions did not exhibit any illegality or infirmity. Consequently, the petition was dismissed, and any pending interlocutory applications were also disposed of. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 33
45. Counsel for the Applicants has filed the rejoinder affidavit and submitted that pursuant to the issuance of the policy dated 27.01.2025, the Respondent has started issuing individual repatriation orders without granting the benefit of the existing provision contained in the impugned policy itself, which provides that staff members on deputation beyond 7 years shall be allowed to continue for a further period of 6 months from the date of issuance of the guidelines. It is submitted that the Applicants are being repatriated immediately upon expiry of their approved tenure, in violation of the policy itself and without regard to their personal and family circumstances, including the posting of their spouses and education of their children.
46. Counsel for the Applicants submits that the present Original Application was filed with the aforesaid grievances, and this Hon'ble Tribunal, while issuing notice, directed the Respondents to maintain status quo regarding the positions held by the Applicants. The Respondents have filed their counter affidavit, which is misconceived and misleading, and the Applicants are filing the present para-wise reply.
47. Counsel for the Applicants submits that the the impugned policy dated 27.01.2025 is not in consonance with the guidelines of the Department of Personnel and Training, and the so-called 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 34 administrative prerogative referred to by the Respondents reflects arbitrariness without justification.
48. Counsel for the Applicants submits that extracts of the judgments of the Hon'ble Supreme Court relied upon by the respondents in their counter affidavit themselves demonstrate that the facts of those cases are distinguishable. It is submitted that the deputation granted to the Applicants was in lieu of transfer to facilitate spouses residing together in accordance with DoPT guidelines. It is further submitted that the Applicants were not deputed outside their cadre or to a different department but within IA & AD itself; hence, the strict principles of deputation involving lending and borrowing departments are not applicable.
49. Counsel for the Applicants submits that the Respondents are governed by their own circular dated 18.10.2025 regarding rotation, which typically operates within the same office and does not entail transfer or repatriation. It is further submitted that no specific administrative exigency has been demonstrated by the Respondents.
50. Counsel for the Applicants submits that the Respondents have failed to adhere to DoPT guidelines which they themselves had adopted while issuing letters dated 11.02.2015 and 24.08.2021. It is further submitted that no justification has been 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 35 provided for carving out exceptions for Headquarters and institutes, despite similar duties being performed by all officials.
51. Counsel for the Applicants submits that the the plea of administrative wisdom and efficiency is a bald assertion unsupported by any material, and arbitrary administrative decisions are subject to judicial review. It is submitted that the contents of para 13 of the counter affidavit refer to the DoPT OM dated 30.09.2009, but the Respondents have failed to justify their deviation from the same by carving out exceptions.
52. Counsel for the Applicants submits that the Respondents' own letter dated 11.02.2015 facilitated deputation to comply with DoPT guidelines aimed at ensuring family welfare and preventing women from leaving service. The impugned policy defeats this objective and renders earlier circulars ineffective. It is submitted that deputation within IA & AD is in substance a form of transfer, especially as no deputation allowance is granted, and therefore must be interpreted in the spirit of transfer.
53. Counsel for the Applicants submits that the Respondents have taken contradictory stands regarding deputation and deputation allowance. It is further submitted that DoPT OM dated 30.09.2009 pertains to transfer and not deputation. The deputation in the present case is internal within IA & AD and governed by 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 36 separate principles. It is further submitted that DoPT OM dated 17.06.2010 clarifies that deputation rules apply only to cases outside IA & AD. The Respondents are also violating their own policy of banning unilateral transfers, as transfers are being effected selectively, leading to discrimination.
54. The counsel for the applicants has submitted that the decisions relied upon by the respondents in OA/051/00563/2025 dated 8.10.2025, which was further upheld by the Hon'ble High Court in WP(S) No. 6056/2025 dated 11.11.2025, are not applicable to the present case. The submission is based on the contention that the Tribunal in OA/051/00563/2025 erred in not taking into account the earlier decision of OA No. 321/2022 dated 4.3.2025. In OA No. 321/2022, the Tribunal had issued specific directions aimed at ensuring fairness and equity in the human resource policies of the respondents. The Tribunal had observed that to meet the ends of justice and redress the grievances of the applicants, the matter should be remanded to Respondent No. 2, the Chairman of the Central Board of Direct Taxes (CBDT), for carrying out due diligence in crafting a prudent, humane, and compassionate human resource transfer policy. This policy, referred to as the IRS ICT policy, was to apply to Groups 'B' and 'C' employees and was required to be neither arbitrary nor 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 37 discriminatory, while also being in consonance with the policies applicable to Group 'A' employees. The Tribunal emphasized that such an empathetic and equitable HR policy, particularly concerning transfers and postings of Group 'C' and Group 'D' employees who occupy the bottom of the organizational pyramid in CBDT, would serve to motivate and inspire them to perform their duties with greater devotion, dedication, determination, and dynamism, thereby enhancing the functioning and image of the CBDT as a model employer in a welfare state. The Tribunal further directed that this exercise of formulating the HR policy should be completed within a period of six months from the date of receipt of a certified copy of the order. Following these directions, the Tribunal disposed of the instant OA in the aforesaid terms, without imposing any order as to costs. The counsel for the applicants contends that this decision establishes a principle of humane and equitable treatment of employees at lower hierarchical levels, which was not considered in OA/051/00563/2025, making the circumstances of the present case materially different and rendering the earlier decision inapplicable.
55. Counsel for the applicants has placed reliance on the decision of the Bhavnagar University v. Palitana Sugar Mill (P) 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 38 Ltd. & Anr., (2003)2 SCC 111 wherein Hon'ble Supreme Court in Para 59 has observed as under:-
"59. A decision, as is well known, is an authority for which it is decided and not what can logically be deduced therefrom. It is also well settled that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision."
56. He has further placed reliance in the case of Bharat Petroleum Corpn. Ltd. & Anr. v. NR Vairamani & Anr., (2004)8 SCC 579 wherein Hon'ble Supreme Court in paras 11 and 12 observed as under:-
"11. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.
12. The following words of Lord Denning in the matter of applying precedents have become locus classicus:
"19. ....Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should avoid the temptation to decide cases (as said by Cordozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive."
*** *** *** "
"Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 39 you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it."
57. After hearing learned counsel for the parties at length and upon careful and thoughtful perusal of the pleadings, documents, and material placed on record, the principal issue which arises for our consideration is whether the impugned deputation policy dated 27.01.2025 issued by the office of the Comptroller and Auditor General of India is liable to be interfered with in the exercise of judicial review on the grounds that it is arbitrary, discriminatory, and inconsistent with the guidelines issued by the Department of Personnel and Training (DoPT) concerning the posting of spouses at the same station.
58. It is an admitted position that deputation within the Indian Audit and Accounts Department (IA & AD) has, over the years, evolved as a mechanism to accommodate employees on spouse grounds, particularly after the discontinuation of unilateral transfers in the year 1997. In the absence of a regular transfer mechanism, deputation has functioned as a practical and administrative tool to address genuine personal exigencies of employees, especially those arising out of marital obligations and family responsibilities. It is also undisputed that the DoPT, through a series of Office Memoranda issued from time to time, 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 40 including those dated in the years 1986, 1997, 2004, 2009, 2022 and more recently in 2024, has consistently emphasized the importance of posting husband and wife at the same station, with the avowed objective of promoting family welfare, ensuring the dignity of women employees, facilitating their continued participation in the workforce, and safeguarding the educational and emotional well-being of children.
59. The impugned policy dated 27.01.2025 marks a significant departure from the earlier framework inasmuch as it introduces, inter alia, a rigid upper limit of seven years on deputation tenure, a mandatory cooling-off period of three years, and stringent conditions governing extensions. While the policy ostensibly seeks to promote administrative efficiency and equitable distribution of opportunities, it simultaneously carves out exceptions in favour of certain categories of employees, including those working in Headquarters and in specified training institutions. The Applicants have assailed the said policy, inter alia, on the grounds that it imposes a mechanical and inflexible cap without adequately accounting for spouse-related hardships, that it results in unequal treatment of similarly situated employees, and that it undermines the very purpose for which deputation on spouse grounds was historically permitted. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 41
60. It is trite law that policy decisions taken by the executive in the realm of service administration are ordinarily not amenable to interference unless they are shown to be arbitrary, discriminatory, mala fide, or violative of statutory or constitutional provisions. At the same time, it is equally well settled that every administrative action, including policy formulation, must conform to the mandate of Article 14 of the Constitution of India, which embodies the principle of non-arbitrariness and fairness in State action. A policy, though within the domain of the executive, cannot be immune from judicial scrutiny if it operates in an unjust, unreasonable, or discriminatory manner.
61. The Respondents have sought to justify the impugned policy by contending that the DoPT guidelines regarding spouse posting are merely directory in nature and are subject to administrative exigencies. While this contention cannot be faulted in its entirety, as it is indeed settled that such guidelines do not confer an absolute or enforceable right to be posted at a particular place, this Tribunal cannot lose sight of the fact that these executive instructions are not empty formalities. They embody important constitutional and social objectives, including gender equality, protection of family life, and the State's obligation to act as a model employer. Therefore, even though the guidelines may 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 42 not be strictly mandatory, they must be given due weight and meaningful consideration in the formulation and implementation of service policies.
62. An important point in this case is that the deputation involved here is not the usual kind where an employee is sent from one department to a completely different department. Instead, it is mostly within the same organization, that is, IA & AD. In reality, this type of deputation works like a transfer, especially because normal transfers are no longer allowed. Therefore, applying strict and traditional rules of deputation, as argued by the Respondents, does not properly fit the actual situation. For this reason, the Tribunal needs to examine the policy keeping in mind how things actually work within IA & AD.
63. Upon a comprehensive consideration of the material on record, we find that the impugned policy suffers from elements of arbitrariness in its formulation as well as in its application. Firstly, the policy creates exceptions in favour of certain categories such as Headquarters staff and officials in training institutes, without placing on record any clear, rational, or intelligible basis for such classification. In the absence of a discernible differentia having a rational nexus with the object sought to be achieved, such differential treatment prima facie offends the equality clause 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 43 enshrined under Article 14 of the Constitution. Secondly, the imposition of a uniform seven-year cap on deputation tenure, without incorporating a robust and flexible mechanism for relaxation in deserving cases, particularly those involving spouse- related hardships, reflects a mechanical and one-size-fits-all approach. Such rigidity is incompatible with the nuanced and human-centric considerations that underpin spouse posting policies. Thirdly, there appears to be an inherent inconsistency in the Respondents' approach inasmuch as deputation on spouse grounds is permitted as a matter of policy, yet such deputation is simultaneously characterized as not being in public interest, leading to denial of consequential benefits such as deputation allowance. This duality indicates a lack of coherence and application of mind in policy formulation.
64. Furthermore, it is evident that relevant and germane considerations, including the long-standing reliance of employees on the earlier policy regime, the potential disruption of family life, the educational needs of children, and the absence of any viable alternative transfer mechanism, have not been adequately factored into the decision-making process. The failure to consider such relevant factors renders the policy vulnerable to challenge on the touchstone of arbitrariness.
1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 44
65. The respondents have relied upon the decision in OA/051/00289/2025 dated 08.10.2025, as affirmed in WP(S) No. 6059/2025, to contend that there is no vested right to continue on deputation on spouse grounds, that deputation cannot be indefinite, and that administrative exigencies must prevail over personal hardship. They have further argued that DoPT guidelines are only directory in nature and that transfer and deputation, being incidents of service, are not ordinarily amenable to judicial interference.
66. While these propositions are well settled, the applicants have successfully demonstrated that the factual matrix of the present case is materially distinguishable. The deputation in question is not a classical deputation between different departments but is largely internal within IA & AD and operates, in effect, as a substitute for transfer, especially in the absence of any regular transfer mechanism since 1997. In such a scenario, the imposition of a rigid seven-year cap without adequate flexibility has far-reaching consequences and undermines the very purpose of accommodating employees on spouse grounds.
67. The applicants have also shown that they had a legitimate expectation based on the earlier consistent policy framework, and the sudden imposition of restrictive conditions, coupled with their 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 45 inflexible application, results in disproportionate hardship. Further, the impugned policy suffers from arbitrariness inasmuch as it creates exceptions for certain categories without a clear or rational basis, thereby offending the principle of equality. The inconsistency in permitting deputation on spouse grounds while simultaneously treating it as not being in public interest also reflects lack of coherence in policy formulation.
68. It is also evident that relevant considerations such as family welfare, children's education, and the absence of alternative mechanisms have not been adequately taken into account. The reliance on earlier judicial precedents is misplaced inasmuch as those decisions were rendered in different factual contexts and cannot be applied mechanically.
69. In view of the above, we find that the contentions raised by the applicants have considerable substance. While the policy need not be struck down in entirety, it does suffer from elements of arbitrariness, rigidity, and lack of uniformity, warranting reconsideration to align it with principles of fairness, reasonableness, and equality under Article 14 of the Constitution.
70. The Respondents have also placed reliance on various other judicial pronouncements relating to deputation and transfer. While the principles laid down therein are well settled, it must be borne 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 46 in mind, as observed by the Hon'ble Supreme Court in Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and Bharat Petroleum Corporation Ltd. v. N.R. Vairamani, that a decision is an authority for what it actually decides and not for what may logically follow from it. Even a slight difference in factual context may materially alter the applicability of a precedent. In the present case, the factual matrix involving internal deputation functioning as a substitute for transfer distinguishes it from the cases relied upon by the Respondents, and therefore, those precedents cannot be applied in a mechanical manner.
71. At the same time, we are conscious of the limits of judicial review in matters of policy. It is neither desirable nor permissible for the Tribunal to substitute its own views for that of the executive in matters involving administrative policy. However, where a policy is found to be deficient in terms of fairness, reasonableness, or equality, it is well within the jurisdiction of this Tribunal to direct reconsideration so as to align the policy with constitutional principles and established guidelines.
72. In view of the aforesaid discussion, we are of the considered opinion that while the impugned policy dated 27.01.2025 cannot be struck down in its entirety, it certainly 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 47 warrants reconsideration and appropriate modification to ensure that it achieves a fair balance between administrative efficiency and the legitimate personal and family concerns of employees. Accordingly, all the present Original Applications are allowed in part, and the impugned policy is remitted to the Respondents for reconsideration. The Competent Authority is directed to undertake a comprehensive review of the policy and to suitably modify the same by incorporating the DoPT guidelines relating to spouse posting in their true letter and spirit. The revised policy shall provide for a reasonable and transparent mechanism for relaxation of the seven-year cap in deserving and exceptional cases, particularly those involving spouse-related hardships. The Respondents shall also ensure that the policy is applied uniformly across all categories of employees, or, in the alternative, that any exceptions are supported by clear, rational, and justifiable criteria having a nexus with administrative objectives. Further, a structured and transparent framework shall be evolved governing extension of deputation, relaxation of the cooling-off period, and consideration of requests based on spouse posting, so as to eliminate uncertainty and ensure fairness in decision-making.
73. Insofar as the Applicants are concerned, it is directed that they shall not be subjected to forcible or premature repatriation, 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 48 particularly in cases where they are covered by the six-month extension clause contained in the impugned policy or where their representations are pending consideration. The Respondents are directed to consider the representations of the Applicants individually and pass reasoned and speaking orders, taking into account all relevant factors including spouse posting, educational requirements of children, length of deputation, and administrative feasibility. Such consideration shall also be undertaken in the light of the revised/improved policy as may be framed pursuant to the present order, so as to ensure that the benefit of the reconsidered policy framework is meaningfully extended to the Applicants.
74. The aforesaid exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order. Till such time, the status quo, if any, operating in favour of the Applicants shall continue either till the disposal of their representations or for a period of four months, whichever is earlier.
75. With the aforesaid observations and directions, all the Original Applications stand disposed of. Accordingly, all the pending MAs shall also stand disposed of. There shall be no order as to costs.
1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 49 (Dr. Sumeet Jerath) (Harvinder Kaur Oberoi) Member (A) Member (J) /lg/ 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5