Neeraj Kumar vs DEFENCE

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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

OA 3307/2026 with MA No 4252/2026

st
This the 01 day of September, 2026

Hon'ble Mr. Ajay Pratap Singh, Member (Judicial)

Neeraj Kumar, Aged- 38 Years,
S/o Sh. Surinder Singh,
Working as SSA under Garrison Engineer(E),
MES, Delhi Cantt.
Presently R/o V & PO Nahari, Distt. Sonipat(Har)

…Applicant
(By Advocate:-Mr. Yogesh Sharma)

Versus
1. Union of India through
The Secretary,
Ministry of Defence, Govt. of India,
South Block, New Delhi.

2. The Engineer-in-Chief
E-in-C's Secretariat,
Kashmir House, Rajaji Marg,
New Delhi-110011.

3. The Directorate General (Pers),
HQ Military Engineer Services,
Engineer-in-Chief's Branch,
Kashmir House, New Delhi-110011.

4. The Chief Engineer,
Western Command,
Pin-908543 C/O 56 APO
…Respondents
(By Advocate: Mr. Pradeep Kumar Singh)




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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

O R D E R (ORAL)

As per: Ajay Pratap Singh, Member (Judicial)
MA No 4252/2026
The instant MA has been filed seeking exemption to file
certain dim annexures/documents and translated copies of
same.
2. In view of the averments made in the MA, the same is
allowed subject to all being just exceptions.
OA 3307/2026
3. The applicant is working as Senior Administrative
Assistant ( in short SAA ) in GE (E) Delhi Cantt and has filed
the present OA to set aside the impugned order dated
10.04.2026 qua the applicant and also seeking direction to
set aside the orders dated 06.03.2026, 22.05.2026 and
further direction to the respondents to defer the
implementation of the transfer order 10.04.2026 till the
completion of his tenure as a office bearer of the recognized
Association i.e. 28.02.2027.
4. Grievance of the applicant as projected by the learned
counsel for the applicant can be summarized as under-
(i) The applicant is posted as SAA in GE(E), Delhi Cantt. and
is elected Senior Vice President for term 01.03.2025 to
28.02.2027, Government of India recognized All India MES
Admin Cadre and Ministerial Staff Association.
(ii) The Association sent letter dated 06.02.2026 to provide
protection from posting/exemption from posting during his
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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

tenure as Sr. Vice President till 28.02.2027 but same has
been rejected vide letter dated 06.03.2026.
(iii) As per the Government of India OM dated 08.04.1969
and OM dated 18.11.1960 and clarifications dated
26.10.2018 issued by the Ministry of Defence there is
protection of the transfer/posting of office bearers of
recognized Association out of station/Headquarter. Till date
the MoD order dated 26.10.2018-Para 2 (xii)-protection from
posting of five important office bearers not been withdrawn
by any order.
(iv) The respondent No. 03 has no authority to supersede the
decision taken by the MoD vide order dated 26.10.2018
granting protection of the transfer/posting of office bearers
of recognized Association out of station/Headquarter
including SAA and the action of the respondents in
transferring the applicant being an elected SAA is contrary
to order dated 26.10.2018.
(v) The impugned transfer order dated 10.04.2026 passed
transferring the applicant from GE (E) Delhi Cantt to HQ CE
31 Zone, Srinagar (J & K) and wife of the applicant is
suffering from Cancer and made representation dated
20.04.2026 stands rejected vide order dated 22.05.2026.
5. The learned counsel for the applicant contended that
as per para (1.1.) of AG’s BR letter dated 23.02.1993, the
applicant enjoys immunity from transfer being an elected
office bearer as informed by the Director General (Personnel)
and evident from order dated 22.05.2026 (Annexure A-2).
6. The learned counsel for the respondents seeks some
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time to file a short reply in the matter and vehemently
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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

opposes the prayer for grant of interim relief to the
applicant.
7. Heard. This Tribunal has considered the matter.
8. The fact of the matter that the impugned transfer order
dated 10.04.2026 is assailed on the ground that the
applicant enjoys immunity from transfer/posting in terms of
the OM dated 08.04.1969 and OM dated 18.11.1960 and
clarifications issued vide order dated 26.10.2018 by the
Ministry of Defence granting protection of transfer/posting of
office bearers of recognized Association out of
station/Headquarter. Para 2 (xii) of order dated 26.10.2018
provides protection from posting of five important office
bearers and same has not been withdrawn till date.
9. The applicant has also challenged his transfer order
dated 10.04.2026 based on his personal hardships as his
wife is suffering from Cancer and has also submitted
medical prescriptions. The office of the Chief Engineer vide
letter dated 22.05.2026 (Annexure A-8) has also observed
that keeping in mind the extreme medical condition
highlighted by the applicant in his personal application, the
GE(E)Delhi Cantt. has been requested to advise the
applicant for posting as per CG Policy provisions along with
recommendations of medical specialist clearly stating the
medical requirements from a Govt Hosp/CGHS approve
hospital for detailed evaluation.
10. In case of Rajendra Roy vs. Union of India (1993) 1
SCC 148. Their Lordships observed that “in transfer
matters personal difficulties are matters for consideration of
the department and if such representation is made too about
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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

personal hardships, being suffered by the applicant in view
of impugned Order, it is reasonable expected that the same
should be considered by the department as expeditiously as
practicable”.
11. The Division Bench of Hon’ble High Court of Madhya
Pradesh in case of R.S. Chaudhary Vs. State of M.P. & Ors,
reported in ILR (2007) MP 1329 , held after considering
catena of judgments by Hon’ble Supreme Court that in case
an order of transfer is assailed on the ground that there has
been violation of the Transfer Policy, the proper remedy is to
approach the authorities by pointing out the violation and it
is expected of the authorities to deal with the same keeping
in mind the policy guidelines with utmost objectivity.
12. For all the reasons stated hereinabove, this OA is
disposed of at admission stage itself with the following
directions to the respondents –
(i) The applicant is granted liberty to file fresh updated
representation within a period of 7 days and thereafter the
respondents are directed to consider the representation of the
applicant, if so filed by passing a reasoned and speaking
order as expeditiously as practicable.
(ii) The applicant has not been relieved till date and
therefore, the transfer Order dated 10.04.2026 qua the
applicant shall not be implemented by the respondents and
the applicants shall be allowed to continue at the original
place of posting till his representation, if so filed is decided.
(iii) The decision on applicants’ representation shall be
communicated to the applicant and if the decision does not
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come in his favour, in that eventuality, respondents are
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Item No. 6(C-5) OA 3307/2026 with MA No 4252/2026

further directed not to implement the impugned order qua the
present applicant for next fifteen days to be counted from the
date of communication of the decision to the applicant.
13. There shall be no order as to costs.
(Ajay Pratap Singh)
Member (J)
/ abhay/
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