Stay of transfer pending consideration of representation seeking exemption as a caregiver under DoPT guidelines.

The applicant, a Mazdoor in the Electricity Department of the Andaman and Nicobar Administration, was promoted to the post of MRLCC via Order No. 1076 dated 04.02.2026

Consequent to this promotion, he was transferred from Port Blair to Rangat, North and Middle Andaman

The applicant had previously served in the Nicobar region for 15 years (2008–2023) before being posted to Port Blair

He challenged the transfer on the grounds that he is the sole caregiver for his elderly parents (aged 85 and 74) and requires personal medical treatment for a critical illness

He further alleged discriminatory treatment, stating that two other Mazdoors promoted under the same order were retained at Port Blair

The applicant submitted a representation for retention on 09.04.2026, which remained pending at the time of filing

1. Whether the respondent authorities are required to consider the applicant’s representation for modification of the transfer order based on personal medical grounds and caregiver responsibilities for elderly parents

2. Whether the applicant is entitled to interim protection against the transfer order pending the disposal of his representation

The Tribunal considered the Department of Personnel Training (DoPT) Office Memorandum dated 08.10.2018, which prescribes guidelines for exemption from routine or rotational transfers for employees serving as caregivers or facing specific medical hardships

The application was filed under Section 19 of the Administrative Tribunals Act, 1985

The Tribunal noted the applicant's significant tenure in the Nicobar region and the specific humanitarian grounds raised, including his role as the primary caregiver for his octogenarian parents and his own medical condition

The court found that the applicant’s request—seeking a time-bound direction for the respondents to consider his representation—was "innocuous"

By invoking the DoPT OM dated 08.10.2018, the Tribunal recognized that administrative transfer policies must account for documented medical and dependency exigencies

The Tribunal determined that a reasoned decision from the administration was necessary to address the alleged disparity in treatment between the applicant and other promoted employees

The respondents were ordered to pass a reasoned order and communicate the decision within four weeks

Furthermore, the Tribunal granted interim relief by directing the respondents not to give effect to the transfer order and to allow the applicant to continue at his current post in Port Blair until the representation is formally disposed of