Facts
The applicant, Sri Shamba Das, an Income Tax Officer, sought transfer to Kolkata or a nearby location due to his wife being employed in the CGST department in Kolkata.
Source reference: p.3, para.10He had previously approached this Tribunal, initially in OA/350/1136/2025, after which the respondents stated his transfer request would be considered after he joined at Haldia.
Source reference: p.2, para.5After joining Haldia, the applicant filed another OA/350/1279/2025, leading to an order dated 08.01.2026, directing respondents to reconsider his representation for posting near Kolkata, considering his spouse, and to address the regularization of leave.
Source reference: p.2, para.5; p.3, para.10-12The applicant subsequently made a representation on 19.01.2026.
Source reference: p.3, para.6In response, the respondents issued a speaking order on 17.02.2026, stating that his request could not be acceded to "at this juncture" due to administrative requirements, time-barring matters, and larger public interest, but advised him to submit a fresh representation during the Annual General Transfer (AGT) exercise.
Source reference: p.3, para.6The applicant then filed the current OA requesting compliance with the previous Tribunal order, transfer to Kolkata post-financial year 2025-2026 based on spouse grounds and DOPT OM, and regularization of his leave period from 30.07.2025 to 21.09.2025.
Source reference: p.2, para.4Issues
1. Whether the respondents should be directed to comply with the Hon'ble Central Administrative Tribunal's Order dated 08.01.2026 in letter and spirit, pertaining to findings in light of the DOPT OM dated 30.09.2009 and judgment of the Hon'ble Apex Court.
Source reference: p.2, para.4(i)2. Whether the respondents should be directed to consider the applicant's request for transfer to Kolkata after the end of Financial Year 2025-2026, considering spouse grounds and DOPT OM dated 30.09.2009, and the judgment in Sk. Nausad Rahaman & Ors. vs. Union of India.
Source reference: p.2, para.4(ii), (iii); p.3, para.7-83. Whether the respondents should be directed to regularize the period from 30.07.2025 to 21.09.2025 and grant consequential pay in terms of CCS (Joining Time) Rules.
Source reference: p.2, para.4(iv)Law Applied
The Tribunal applied the principles derived from the Department of Personnel and Training (DOPT) Office Memorandum (OM) dated 30.09.2009, which pertains to spouse grounds for transfer.
Source reference: p.2, para.4(i), (iii); p.3, para.11The judgment of the Hon'ble Apex Court in *Sk. Nausad Rahaman & Ors. vs. Union of India* (CA No. 1243/2022), which addresses transfer policies and the consideration of employee welfare.
Source reference: p.3, para.7-8It also referenced the CCS (Joining Time) Rules for regularization of leave during transfer periods.
Source reference: p.2, para.4(iv); p.3, para.12Reasoning
The Tribunal acknowledged its prior direction in the order dated 08.01.2026, which mandated the respondents to reconsider the applicant's representation for posting near Kolkata, taking into account the DOPT OM and various judicial pronouncements, including an Apex Court judgment, due to his spouse working in Kolkata.
Source reference: p.3, para.10-11The respondents' subsequent speaking order dated 17.02.2026, while citing administrative requirements and public interest for denying the immediate transfer, did suggest consideration during the Annual General Transfer (AGT) exercise.
Source reference: p.3, para.6The applicant's counsel conceded that consideration after the current financial year would suffice.
Source reference: p.3, para.7The Tribunal, therefore, directed the respondents to revisit the applicant's case, specifically referencing the *Sk. Nausad Rahaman* judgment and their own speaking order dated 27.08.2025, which implicitly acknowledged the potential for his transfer.
Source reference: p.2, para.5; p.3, para.7-8The issue of leave regularization was also previously directed to be handled as per rules.
Source reference: p.3, para.12Holding
The Tribunal disposed of the OA, directing the respondents to consider the applicant's case in light of the judgment passed by the Hon'ble Apex Court of India in *Sk. Nausad Rahaman & Ors. vs. Union of India* (CA No. 1243/2022) and their own Speaking Order dated 27.08.2025.
The respondents are further directed to take a final decision and communicate it to the applicant via a reasoned and speaking order within 30 days after the current financial year ends.
Source reference: p.4, para.8No costs were awarded.
Source reference: p.4, para.9Original Court PDF
Shamba Das v. Union of India [O.A./350/379/2026]
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in