Central Administrative Tribunal - Mumbai
Rajiv Patel vs Bhabha Atomic Research Centre (Barc) on 11 November, 2025
1 OA No.168/2025
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION NO.168/2025
Dated this Tuesday the 11th day of November, 2025.
Coram: Hon'ble Mr. Shri Krishna, Member (Administrative)
Shri Rajiv Patel,
Aged about 39 years, Working as Tech/F,
Tarapur, dist. Palghar,
R/o. Room No.49/12,
BARC Staff Colony, Tarapur,
Dist-Palghar, Maharashtra-401 503.
Mobile No.: 8830141065
Email:[email protected] ..Applicant.
(By Advocate Shri Ravi Prakash with applicant in person).
Versus
1. Union of India, through
Controller, Govt. of India/Chairman AEC,
Bhabha Atomic Research Centre,
Central Complex, Trombay, Mumbai - 400 085.
2. Chairman, AEC,
Department of Atomic Energy,
Anushakti Bhavan, CSM Marg,
Mumbai - 400 001.
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
3. Director, BARC/Chairman NRB,
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=
401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan
Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.11.12 18:08:32+05'30'
Foxit PDF Reader Version: 2024.4.0
Bhabha Atomic Research Centre,
Control Complex, BARC Trombay,
Mumbai - 400 085.
4. Admn. Officer-III,
Bhabha Atomic Research Centre,
Control Complex, BARC Trombay,
Mumbai - 400 085.
5. Controller of BARC,
Central Complex BARC, Trombay,
Mumbai - 400 085.
2 OA No.168/2025
6. Chief Executive, NRB, BARC (Mumbai),
Vikram Sarabhai Bhavan,
6th Floor, Anushakti Nagar,
Trombay - 400 085.
7. Shri B. Pasupathy, APO, NRB, BARC,
Anushakti Nagar, Trombay- 400 085.
8. The Director,
Indian Space Research Organisation,
Department of Space,
Space Application Centre,
Jodhpur Tehra Ambawadi Vistor P.O.
Ahmedabad, Pin - 380 015. ..Respondents.
(By Advocate Shri A.A. Garge).
Order reserved on : 07.10.2025
Order pronounced on :11.11.2025
ORDER
The applicant has filed this O.A.
under Section 19 of the Administrative
Tribunals Act, 1985 for quashing and setting aside the letter dated 27.01.2025 and to seek directions to the respondents to consider his Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 application on medical grounds of his daughter and post him at Ahmedabad (ISRO/SAC), Lucknow (ISTRC/ISRO), Indore (RRCAT/DAE), Allahabad (HRI/DAE). This is the second round of litigation.3 OA No.168/2025
2. Brief facts of the case are that the applicant was working as Technician/D at TRP, BARC, Tarapur, District Palghar. He was promoted vide office order dated 01.07.2016 and has been working since then.
2.1. An advertisement No.SAC/01/2018 dated 10.03.2018 came to be issued by respondent No.6 - Space Application Centre, Indian Space Research Organization (hereinafter referred to as ISRO), Ahmedabad. He has applied online for the post of Technician/B in ISRO. On the same day, he made a representation to the respondents for forwarding his application to ISRO. The same was declined vide order dated 11.05.2018 on the ground that an employee promoted to a higher post is Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
not eligible for outside employment for two Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 years from the date of promotion. Thereafter, the applicant made a representation dated 25.05.2018 to CPO, Mumbai which was not replied. Therefore, he submitted another representation dated 23.07.2018 and requested 4 OA No.168/2025 deciding on his representation as per the DOPT Rules. He followed his representation by further representations dated 20.08.2018, 06.09.2018 and 25.09.2018.
2.2. The respondents replied that his request for forwarding application dated 12.04.2018 was not acceded to and no further representations will be entertained.
Thereafter, the applicant approached Dy. C.E. for addressing his grievances in terms of DOPT's order No.28011/1/2013 for issue of 'No Objection Certified' at the time of examination and skill test. The respondents vide order dated 09.10.2018 again reiterated that the applicant was not eligible for forwarding his application for outside Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
employment till 30.06.2018 i.e. completion of Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 two years from the date of last promotion. 2.3. The applicant qualified in the written test conducted by the ISRO in which 1825 candidates appeared for the written test.
Out of 1825 candidates, 60 candidates were 5 OA No.168/2025 short-listed and called for a skill test in April, 2019. The skill test of the applicant was scheduled for 05.04.2019. One of the conditions for appearing in the skill test was that a candidate, employed in Government/Semi-Government/PSU/Autonomous body, etc shall produce the 'No Objection Certificate' from their employer on the date of the skill test without which he will not be allowed to appear for the skill test. 2.4. Since the respondents have denied NOC to the applicant, he could not appear for the skill test on 05.04.2019. Thus, the applicant was deprived of appearing for a skill test to a higher post for his career advancement because of the denial of NOC by Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Respondent No.2.
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 2.5. Aggrieved by the action of the respondents, he filed O.A.296/2019 which was decided by this Tribunal vide order dated 11.07.2024 and following order was passed:-
"8. We find that the applicant is a Technician (Non- Gazetted). He was promoted to the post of Technician/D 6 OA No.168/2025 w.e.f. 01st July, 2016. He completed two years in that post on 30th June 2018. Respondent No.6 called for online application for the post of Technician/B (Electronics). He has qualified in the written test and skill test was scheduled on 5th April, 2019. The applicant has already completed two years on the promotional post on 30th June, 2018 and, therefore, to deny "NOC" for skill test scheduled on 05th April, 2019 was not justified. However, the respondent no.2 and 3 have refused to forward his application and issue "NOC". The applicant made repeated representations which were either ignored or rejected. On being qualified in the written test, the respondent no.6 wrote to the respondent no.2 for issue of "NOC". Respondent No.2 vide his letter dated 02nd April, 2019 has informed respondent no.6 that the applicant cannot be issued "NOC" for the skill test scheduled on 05th April, 2019. Therefore, the applicant lost the opportunity of being selected for the post of Technician/B (Electronics) with the respondent no.6. Respondent no.2 has submitted that "NOC"
was denied on the basis of Office Memorandum 5/63/85-R dated 30th December, 1985 which states that the employees on promotion to higher post will not be eligible to forward application for outside employment for a period of two years from the date of promotion. However, we find that the applicant has completed two years on 30th June, 2018 and, therefore, there was no justification in denying him "NOC" for the skill test which was to be held on 05th April, 2019.
9. We find merit in the contention of the applicant that he has been arbitrarily and unjustifiably denied "NOC". The upper age limit for the said post was 38 years. The applicant Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= was of 32 years of age at the relevant time. He had approached the Tribunal well in time. Now he is 38 years old 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 and, therefore, he cannot get any chance to apply for the said post. This is a case of high handedness and arbitrariness.
10. We are fortified in our view by the DOPTs Office Memorandum dated 14th July, 1993 which is on the subject of forwarding of applications for other posts and the principles regarding the same. DOPT in this Office Memorandum has specified that:
"....3. Application of a Government servant for appointment, whether by Direct Recruitment, transfer on deputation or transfer, to any other post should not 7 OA No.168/2025 be considered/forwarded if:-
(i) He is under suspension; or
(ii) Disciplinary proceedings are pending against
him and a charge sheet has been issued; or
(iii) Sanction for prosecution, where necessary has been accorded by the competent authority; or
(iv) Where a prosecution sanction is not necessary, a charge sheet has been filed in a court of law against him for criminal prosecution.
4. When the conduct of a Government Servant is under investigation (by the CBI or by the controlling Department) but the investigation has not reached the stage of issue of charge sheet or prosecution sanction of filing of charge sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS (CCA) Rules, 1965 or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension."
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
11. It is only in the aforesaid conditions that the respondents could have refused the 'NOC' to the applicant. 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 Since respondent no.6 has already filled-up the advertised posts and the applicant has reached 38 years of age, we are not in a position to grant any relief vis-à-vis respondent no.6. More so, when they have made it clear in the advertisement that skill test will be allowed only on production of "NOC" from the employer. However, we are of the considered view that the action of respondent no.2 was unjustified which has caused considerable hardship and injury to the applicant. Therefore, we impose a cost of Rs.50,000/- on respondent no.2 which shall be paid to the applicant within two months from the date of receipt of a certified copy of this order."
8 OA No.168/2025
2.6. Pursuant to above order of the
Tribunal, the applicant has made
representation dated 30.08.2024 (Annexure A-4) to the respondents stating that his five years 4 months old daughter is under treatment for Autism Spectrum Disorder (ADH) with symptoms of biting parents and other children of her class in school, repetitive head banging, striking her head on floor and wall and frequent seizures. She has been advised by Paediatric neurologist to undertake daily aggressive occupational and behavioral therapy which is not available in Tarapur. Due to above behavioral issues of her daughter, the Principal, AECS-2, Tarapur, Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' was repeatedly complaining about it and the Foxit PDF Reader Version: 2024.4.0 applicant was forced to stop her from going to school. He requested the respondents that her daughter is not able to get occupational and behavioural therapy and speech therapy and she is not able to get primary education 9 OA No.168/2025 and, therefore, requested to reconsider his case and transfer application.
2.7. Thereafter, the applicant made another representation dated 09.12.2024 requesting the respondents to transfer him to ISRO Lucknow/SAC, ISRO Ahmedabad/IPR Ahmadabad/RRCAT, Indore on medical grounds and further representations dated 26.12.2024 and 14.01.2025.
2.8. Aggrieved by the non action on the part of the respondents, the applicant has filed this OA seeking the direction to transfer the posting of the applicant at Ahmadabad (ISRO/SAC), Lucknow (ISTRC/ISRO), Indore (RRCAT/DAE), Allahabad (HRI/DAE) on medical grounds of his daughter.Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
3. After issuance of notice, the Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 respondents have filed their reply stating that the Bhabha Atomic Research Centre (hereinafter referred as BARC), Tarapur, where the applicant is currently working as a Technician, is a Constituent Unit under 10 OA No.168/2025 Department of Atomic Energy (hereinafter referred to as DAE). DAE is a broad based multi-disciplinary organization engaged in research, technology development and commercial operations of nuclear power and associated technologies.
3.1 It is further submitted that the Applicant Shri Rajiv Patel applied for transfer on 30.08.2024 on the basis of seeking medical treatment for his daughter.
Considering the sensitivity of the situation depicted by the Applicant, and the nature of work of the Respondent Department, the Respondent Department is trying hard to materialize the transfer request of the Applicant. However, due to shortage of Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
manpower and exigencies of work, a one-sided Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 transfer cannot be considered. For the Applicant to be transferred to another unit, it is imperative that some qualified employee, who can replace the present Applicant, from that particular unit be deputed to the 11 OA No.168/2025 Respondent Department for maintaining the efficient working of the Department and to satisfy the sanctioned strength of the particular unit of the Department. 3.2 It has been submitted that the present applicant is a Technician by post.
Thus, the skills of the applicant is imperative for the functioning of the Department. Thus, to factor the transfer of such skilled employee, the Respondent Department shall need a replacement employee to suffice the needs of the Department. The Applicant is seeking transfer to ISRO (Indian Space Research Organization) which is altogether a different organization coming under the Department of Space. Therefore, the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Original Application is not tenable in the Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 eyes of Law. In light of the above, the present OA does not warrant judicial interference and it is liable to be dismissed in limine with costs.12 OA No.168/2025
3.3 It has been submitted that the applicant had preferred an application dated 28.04.2021 seeking transfer. The said application was put up before the Competent Authority of the respondent department along with other such cases well within time.
However, the Competent Authority rejected all such kinds of request for transfer on the ground of shortage of manpower and exigencies of work. Thereafter, the applicant preferred another application dated 05.08.2022 seeking transfer on medical ground of his daughter. In April, 2024, RRCAT requested for his APAR dossiers for consideration. The APAR was forwarded immediately. The application is under consideration for suitable replacement Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
of the Applicant at NRB, Tarapur in his place Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 from RRCAT, Indore. Again, the applicant applied for transfer on medical ground on 30.08.2024. The Department is trying hard to materialize the transfer request of Shri Patel but due to shortage of manpower and 13 OA No.168/2025 exigencies of work, one sided transfer cannot not be considered.
3.4 It has been submitted that the contention of the applicant that a Committee was constituted to examine the request of Centralized Cadre officers for transfer on medical ground of spouse and children is not applicable to the present applicant. Note No.PD/6(3)2023-R-III/2033 dated 13.12.2024 (Exhibit 5) is applicable to Cadre Officers and not to S&T staff of the Department. The cadre officers are governed by a separate Transfer Policy vide DAE note No.28/6/2021-
cc/4495 dated 21.03.2024 (Exhibit 6) and can be posted anywhere in India on their promotion, Transfer request as well as Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Rotational Transfer. On every promotion, the Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 cadre officers are transferred to another unit. But this is not the case with respect to Scientific & Technical (S&T) staff of the department. For accommodating the S&T staff on promotion, every time new posts are 14 OA No.168/2025 created and lower posts are abolished. Thus, the Office Memorandum relied upon by the applicant is not applicable in the present case.
3.5 It has been submitted that at Tarapur no special treatment is available cannot be justified, as Shri Patel has been availing treatment for his daughter from Jaslok/Fortis/ BARC Hospitals which are the best/reputed hospitals in Mumbai. Patients from all over India in the Respondent Department and various constituent units under this Department of Atomic Energy, visit Mumbai through BARC Hospital for advance treatments for all types of ailments. There are many hospitals in Brihan Mumbai on the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
panel of BARC, where the employees or his Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 family can avail the treatment for various ailments under the expense of the Respondent Department. Further, the specific treatment sought by the Applicant for his 6-year-old daughter is readily and easily available in 15 OA No.168/2025 the BARC hospital and its empanelled hospitals as well in Mumbai and assuming without admitting that the said treatment is not available in the empanelled hospitals, the Department of the Respondent can recommend its employee to various renowned hospitals in Mumbai, the treatment of the same is free of cost and is borne by the Respondent Department or the reimbursement is provided by the Respondent Department as per the extant policies (CHSS--Contributory Health Service Scheme of DAE).
3.6 It has been submitted that the applicant is seeking transfer on the ground that his daughter is suffering from attention deficit disorder with behaviour issues and Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
for that she needs Occupational Therapy for 5 Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 days per week at specialised centre. 3.7 It has been submitted that the applicant has not requested for transfer to Mumbai (a metropolitan city) where at present his daughter is undergoing the 16 OA No.168/2025 therapy/treatment. However, he has applied for transfer to Indore/Lucknow/ Ahmedabad. It is not clear how the transfer to these places will be beneficial for his daughter, as it is felt that it will be disturbing the on-going treatment of his daughter at this stage. Also considering the ailments mentioned in her report, it may be possible that she may find it difficult to cope up with new people/place/environment. It is seen that this major fact has been overlooked by the applicant while requesting for transfer to his desired location. The Doctor has suggested him to settle at any metropolitan city and at present by working in Tarapur, he is very near to his destination as advised by Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
the doctors. BARC has sufficient amenities to Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 accommodate him/his daughter in Guest House located in Mumbai during his stay for treatment as and when required.
3.8 It has been submitted that matters concerning transfer of employees is the 17 OA No.168/2025 prerogative of the Department and an employee does not have a vested right to seek transfer.
As held in the case of State of U.P. Vs. Gobardhan Lal, reported in (2004) 11 SCC 402, Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contra, in the law governing conditions of service.
3.9 It has been submitted that the Respondent Department has never denied in providing medical treatment to the daughter of the Applicant and has always been supportive and helpful and endeavored to provide all the medical assistance which she Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 requires. In a metropolitan city like Bombay, the Applicant shall have more avenues to provide better treatment for the child. However, considering the sensitivity of the situation, the Respondent Department has not rejected the transfer application of the 18 OA No.168/2025 applicant but has considered the facts and approved the transfer on mutual basis so that the smooth functioning of the Department will not be hampered and at the same time, the applicant can be transferred to his desired location.
3.10. It has been submitted that the competent authority considering the shortage of manpower and administrative exigencies has taken a conscious decision of not considering the transfer of the applicant as there is no employee to replace his current position as the present applicant is a Technician by post.
Thus, the skills of the applicant is imperative for functioning of the department.
4. The applicant has filed rejoinder to Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
the reply submitted by the respondents and Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 additional documents obtained through RTI. It has been submitted that the applicant submitted history paper of his daughter given by Jaslok Hospital where it is specifically mentioned that the therapy needed by his 19 OA No.168/2025 daughter on daily basis and that cannot be possible in Mumbai. Otherwise, he will lose his daughter. Therefore, the contentions of the respondents in their reply are not correct. The applicant has also submitted with his rejoinder a list of 9 employees who have been transferred vide order dated 09.02.2022 to different places. He has submitted that out of these 9 persons, 5 were technician of different grades and 4 were Scientific Assistant. Thus, it is not correct to say that the respondents are having shortage of manpower and that the applicant cannot be spared is contrary to the records.
He has also enclosed the copy of Neonatal Discharge Summary dated 25.04.2019 issued by Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Medical Division of Tarapur Atomic Power Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 Station showing the medical condition of his daughter.
4.1. The applicant has annexed the copy of medical treatment issued by Shinde Hospital, Boisar (West), Mumbai and letter dated 20 OA No.168/2025 09.06.2025 issued by the Principal, Automic Energy Central School, Tarapur which states that his daughter Kumari Abhigya Patel has been diagnosed with Autism Spectrum Disorder along with Attention Deficit Hyperactivity Disorder (ADHD). Despite the consistent efforts of class teachers and special educators, Abhigya's participation in classroom activities remains extremely limited. She frequently displays self-
injurious behaviors such as head banging and biting. She often lies down on the floor, throws objects, removes her footwear and leaves it in random places. When teachers attempt to engage her in learning activities, she responds by screaming. She also appears Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
drowsy for most of the school day. Her social Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 interaction is minimal and she remains fully dependent on others for all activities of daily living. It is strongly recommended that Abhigya receive regular professional occupational and behavioural therapy as well 21 OA No.168/2025 as Applied Behavior Analysis (ABA) therapy. Unfortunately, these therapies are not available in Boisar and the surrounding areas. In light of these challenges and for the sake of her behavioural and academic support, we request that a transfer to a special school in any metro city be kindly considered. Such a move would allow her access to the specialized therapies and resources essential for her overall development.
5. The respondents in turn have filed affidavit stating that inquiry was made by email dated 22.08.2025 and accordingly a letter has been received from the BARC (F), Kalpakkam dated 22.08.2025 thereby informing the list of 5 persons who were working with Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
BARC and thereafter joined ISRO/DOS. The said Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 letter is annexed with the details of their respective reliving orders.
5.1 It has been further submitted that none of the employees were transferred to ISRO/DOS and in fact all the five persons who 22 OA No.168/2025 were employed in BARC submitted their technical resignations and joined/appointed in ISRO/DOS after following the due procedure of appointment by ISRO/DOS. Even P.R. Ramya also submitted her technical resignation to the BARC. No employee from BARC has been transferred to ISRO/DOS after 1st April, 2014 till the date. Therefore, the contention of the applicant that several employees were transferred from BARC to ISRO/DOS is false and misleading. The applicant is, therefore, not eligible to be transferred to ISRO/DOS.
Hence, they prayed for dismissal of the OA with heavy cost on the applicant.
6. I have heard both the sides at length and perused the pleadings and documents filed Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
on record.
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0
7. The short issue involved is whether an employee whose child is suffering from specific disability can be accommodated to place of his choice where his child can get better treatment.
23 OA No.168/2025
8. It is not in dispute that the daughter of the applicant is suffering from Autism Spectrum Disorder (ADH) which is a specified disability under Clause -2(b) of the Schedule appended to Clause (zc) of Section 2 of the Rights of Persons with Disabilities Act, 2016. The same is reproduced herein as under:-
"autism spectrum disorder" means a neuro- developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours."
9. It is also not in dispute that she has symptoms of biting parents and other children of her class in school, repetitive Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
head banging, striking her head on floor and Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 wall and frequent seizures. She has also been advised by Paediatric Neurologist to undertake daily aggressive occupational and behavioural therapy which is not available in Tarapur. The applicant has submitted a 24 OA No.168/2025 letter from the Principal of Atomic Energy Central School No.2, Tarapur dated 09.06.2025 which has not been disputed by the respondents. The letter reads as under:
"TO WHOMEVER IT MAY CONCERN This is to bring to your kind attention that Kumari Abhigya Patel, a student of Balvatika-II at AECS-2 Tarapur, has been diagnosed with Autism Spectrum Disorder along with Attention Deficit Hyperactivity Disorder (ADHD). She was enrolled in Balvatika-I at AECS-2 Tarapur in April 2024.
Despite the consistent efforts of class teachers and special educators, Abhigya's participation in classroom activities remains extremely limited. She frequently displays self-injurious behaviors such as head banging and biting. She often lies down on the floor, throws objects, removes her footwear, and leave it in random places. When teachers attempt to engage her in learning activities, she responds by screaming. She also appears drowsy for most of the school day. Her social interaction is minimal, and she remains fully dependent on others for all activities of daily living.
It is strongly recommended that Abhigya receive regular professional occupational and behavioral therapy, as well as Applied Behavior Analysis (ABA) therapy. Unfortunately, these therapies are not available in Boisar and the surrounding areas. In light of these challenges and for the sake of her behavioral and academic support, we request that a transfer to a special school in any metro city be kindly considered. Such a move would allow her access Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= to the specialized therapies and resources essential for her overall development.
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 Thank you for your attention.
Sd/- Sd/-
(Sachin Shinde) (Mrs.Sangeetha Nair)
Special Educator, AECS Tarapur Principal, AECS-2 Tarapur."
10. The applicant has also annexed copies of the medical treatment of his daughter from the Medical Division, Tarapur Atomic Power 25 OA No.168/2025 Station, Shinde Hospital and Joslok Hospital which shows the medical condition of his daughter.
11. The respondents have submitted that they are considering his request for transfer to RRCAT and forwarded his APAR Dossiers to RRCAT. However, they are asking for his suitable replacement. It has been also contended by the respondents that the applicant is a Technician and there is a shortage of technical manpower. However, the respondents have failed to demonstrate the shortage of the manpower of the Technician Grade in which the applicant is working as no data about the sanctioned strength and working strength and shortage has been Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
submitted. It has been further contended Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 that considering the ailment mentioned in the medical reports of applicant's daughter, it may be possible that she may not find it possible to cope up with the new people/place/ environment. Finally, it has 26 OA No.168/2025 been contended that BARC has sufficient to accommodate him/his daughter in Mumbai. It has been further submitted that the respondents have not transferred any employee from BARC to ISRO/DOS after 01.04.2014.
12. The applicant on the other hand has submitted the details of the employees who have been transferred from Nuclear Recycle Board, Tarapur to various places on 09.02.2022 (page 145 of the OA). The applicant has obtained information under RTI from the Vikram Sarabhai Space Centre, Thiruvananthapuram, Department of Space vide their letter dated 04.06.2025 have stated that Smt.Ramya PR who was transferred from BARC facilities, Kalpakkam to VSSC in 2016. Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
She was not selected in VSSC against any Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 employment advertisement (Page 141 of the OA).
13. He has annexed the list of 5 employees who were transferred from BARC facilities to various Centres of ISRO. The BARC facilities, Kalpakkam vide their letter 27 OA No.168/2025 dated 22.08.2025 have admitted that the 5 persons were transferred from BARC facilities to various Centres of ISRO and their technical resignations were obtained. The name of Smt.P.R. Ramya appears in the said list. It will be helpful to reproduce the said letter herein as under:-
"Sub: Request to furnish information to be presented Before Hon'ble CAT, Mumbai Reference is invited to email dated 22/08/2025 received from APO (Vig), NRB, BARC, Tarapur on the above mentioned subject.
2. In this connection, available information furnished below:
Point No.: 1, it is informed that as per the office records available, none of the official from BARCF, Kalpakkam had given inter-departmental transfer to Department of Space during the period from 01/04/2014 to Till Date. However, the following officials had submitted their Technical Resignation and Joined in different centres of Department of Space during the above said period Sl Name Design IC No Date of Joined in Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso (S/Shri/Smt/MS) Relief Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 1 P.R. Ramya SA/D 9463 20/05/2016 VSSC, Thiruvananthapuram 2 Sajin G.S. Tech/C 9789 08/03/2019 ISRO, Bengaluru 3 Girish Krihnan AFM 9785 17/06/2022 VSSC, Thiruvananthapuram 4 Aneesh P AFM 9856 13/02/2025 NRSC, ISRO, Hyderabad 5 Vaghela Diler T/C 40103 28/03/2025 ISTRAC, ISRO, Dinesh Bengaluru 28 OA No.168/2025 Point No: 2 Relieving order copies enclosed for the above said officials indicated in Point No:1 Point No: 3, No other information available. Point No: 4, the requisite information is forwarded in the letter head of BARCF(K) along with the seal of Competent Authority in BARCF(K) .
3. This issues with the approval of CAO, BARCF, Kalpakkam."
14. A perusal of above letter shows that Smt.P.R. Ramya was a Scientific Assistant in the Grade of 'D' while Mr.Sajin G.S. who is at Sr.No.2 in the above list was also Technician. Similarly, Mr.Vaghela Diler Dinesh, appearing at Sr.No.5 was also a Technician Grade 'C'. Therefore, it is not correct on the part of the respondent Department to say that the applicant cannot be spared as he is a Technical person. It is interesting to note that Mr.Vaghela has been Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 transferred only on 28.03.2025. The BARC, Kalpakkam in their letter dated 20.05.2016 have stated that the technical resignation tendered by Smt.P.R. Ramya and request to transfer to VSSC, Department of Space, Thiruvananthapuram has been approved by the 29 OA No.168/2025 Competent Authority in BARC. Accordingly, Smt.P.R. Ramya relieved of her duties with effect from 20.05.2016 with direction to report to Director, VSSC, Thiruvananthapuram. Since the transfer is on own request Smt.P.R. Ramya is not eligible for any transfer TA/DA, joining time, etc (Page 165 of the O.A.). This fact has been confirmed by the VSSC, Thiruvananthapuram in their letter dated 04.06.2025 that Smt.Ramya was transferred from BARC facilities, Kalpakkam to VSSC in 2016 and that she was not selected against any employment advertisement. Therefore, the contention of the respondent Department that they have not transferred any person from BARC to ISRO after 01.04.2014 false flat. Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
15. The Parliament has passed Rights of Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 Persons with Disabilities Act, 2016 and that was notified in April, 2017. The said Act was passed to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected 30 OA No.168/2025 therewith or incidental thereto, as the India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities on 13.12.2006. Clause (d) of the Section 2 of the above Act defines "care- giver" means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability. Admittedly the applicant is a care-giver to his daughter.
16. Clause (k) of Section 2 defines as under:
"(k) "Government establishment" means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 2 of the Companies Act, 2013 (18 of 2023) Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
and includes a Department of the
Government"
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0
17. Admittedly, the respondent Department is a Government Establishment.
18. Clause (l) and (m) of Section 2 defines as under:
"high support" means an intensive support, physical, psychological and otherwise, 31 OA No.168/2025 which may be required by a person with benchmark disability for daily activities, to take independent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy";
(m) "inclusive education" means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities."
19. Clause (za) and (zc) of Section 2, defines as under:
"(za) "rehabilitation" refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels";
"(zc) "specified disability" means the
disabilities as specified in the
Schedule".
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
20. Admittedly, the Schedule 2(b) defines Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 "autism spectrum disorder" means a neuro- developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and 32 OA No.168/2025 relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours.
21. Section 4 casts a mandatory obligation on the respondent Department to take measures for women and children with disabilities. It will be helpful to reproduce the Section 4 as under:
"Women and children with disabilities
4.(1) The appropriate Government and the local authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others.
(2) The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability." Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Clause (f) of sub-Section 2 of Section Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 25 deals with health care mandates the appropriates Government i.e. the Respondents to take measures for pre-natal, perinatal and post-natal care of mother and child. 33 OA No.168/2025
22. It has been contended that the transfer is an incident of service and the applicant cannot seek transfer to a place of his choice. There is no dispute that the transfer is an incident of service but those are only executive instructions and they cannot override the specific mandate of the Act passed by the Parliament. The respondents themselves have admitted that they are trying to accommodate the applicant, however, there is shortage of the manpower. This administrative problem, if there is can be overcome by the respondent Department by suitable adjustment of the existing manpower. The contention of the respondents that his transfer from Mumbai may not be good for Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
child as she may not adjust in the new place Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 cannot be a ground as it is for the care- giver to decide whether his child can get the best treatment. The medical papers produced by the applicant and the certificate given by the Principal of the Atomic Energy Centre, 34 OA No.168/2025 Tarapur makes it clear that it is not in the interest of the daughter of the applicant to continue the treatment at Tarapur.
23. In view of the facts and circumstances and considering the specific mandate of Rights of Persons with Disabilities Act, 2016 and the respondents have just transferred 5 of their employees some of which are Technical persons to various Centres of ISRO, therefore, not transferring the applicant is a clear discrimination against the applicant, more so in view of the medical conditions of his daughter.
24. In view of the aforesaid discussion and peculiar facts of the case, the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
respondents are directed to consider and pass Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0 appropriate order in respect of the applicant to transfer him to any of the places mentioned by the applicant in prayer 8 (5) at Ahmedabad (ISRO/SAC), Lucknow (ISTRC/ISRO), Indore (RRCAT/DAE), Allahabad (HRI/DAE). The 35 OA No.168/2025 respondents are also directed to comply with the above order within a period of two months from the date of receipt of certified copy of this order.
25. In terms of above order and direction, the Original Application is disposed of. Pending MAs, if any, stand closed. No costs.
(Shri Krishna) Member (A).
ma/H Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.12 18:08:32+05'30' Foxit PDF Reader Version: 2024.4.0