Authorities must consider relevant caregiving and medical circumstances before implementing an employee’s transfer.

The applicant, a Sub-Divisional Engineer with BSNL Kolkata Telephones and officer-bearer of the BSNL Employees Association, was transferred from Kolkata Telephones District to Karnataka Circle by Office Order dated 9 May 2026.

The applicant claimed that he had served in Kolkata for approximately 20 years and was the sole caregiver of his mother, who had been certified as suffering from 40% disability due to Dementia with Seizure Disorder.

The applicant also claimed exemption from transfer on the ground that he was an Assistant General Secretary of the Employees Association under the BSNL Circular dated 6 May 2024.

Although one such employee, Shri Debashish Ghosh, was exempted, the applicant was relieved from his post by e-mail dated 7 September 2026.

Whether the respondents were required to reconsider the applicant’s transfer by taking into account his mother’s medical condition and his status as her sole caregiver, in addition to his status as an office-bearer of the Employees Association?

Whether the applicant could be relieved from his present post before a decision was taken on his request for reconsideration of transfer?

The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, under which an aggrieved government employee may seek redress against service-related orders.

The Tribunal also considered the relevant BSNL Employees Transfer Policy, as amended on 14 March 2024, and the BSNL Circular dated 6 May 2024, concerning exemption from transfer for eligible caregivers of persons with disabilities and office-bearers of recognised employees’ associations.

The governing principle applied was that a transfer-related representation must be considered by the competent authority after taking into account all relevant and material factors; an administrative decision cannot be based on only one ground while ignoring other relevant grounds specifically raised by the employee.

The Tribunal found that the General Manager’s letter dated 5 September 2026 sought reconsideration primarily on the ground that the applicant was an office-bearer of the Employees Association.

However, the letter failed to mention or address the applicant’s principal claim that he was the sole caregiver of his mother, who suffered from Dementia with Seizure Disorder and had a certified disability.

Since the applicant’s medical-caregiver claim was a relevant factor under the applicable BSNL policy and had been supported by medical material, the competent authority was required to consider it along with his association-related claim.

It directed the Principal General Manager, BSNL, to decide the applicant’s request for reconsideration within one month of receiving the order, after considering his mother’s medical condition, his status as her caregiver, and his position as an office-bearer of the Employees Association.

Until that decision was taken, the order relieving the applicant from his existing post was directed not to be given effect.

The Original Application was accordingly disposed of without any order as to costs.