Transfer of a disabled employee nearing retirement during pending litigation was found to be victimization.

Anup Mitra, an Assistant Registrar at DRT-3, Kolkata, challenged his transfer to DRT Cuttack and the accompanying release order, both dated 14 February 2025.

He relied on a medical certificate recording 40% permanent disability due to paraplegia and stated that he had earlier been transferred to Kolkata on disability grounds.

He also submitted that he was nearing superannuation and that the transfer followed an interim order in his earlier application challenging an appointment at DRT-3.

The respondents denied that the transfer was punitive or intended to victimise him.

1. Whether the transfer and release orders dated 14 February 2025 warranted interference because they allegedly victimised the applicant during the pendency of his earlier service-related application.

2. Whether the transfer orders reflected disregard of applicable considerations concerning employees with disabilities and employees nearing retirement.

The Tribunal referred to established guidelines concerning employees with physical disabilities and employees nearing retirement, but did not identify a particular statute, provision, precedent, or specific guideline in its reasoning.

The applicant’s counsel had relied on the disability legislation, but the order does not specify or analyse any particular provision of that legislation.

The Tribunal considered the applicant’s disability certificate, his earlier transfer order on disability grounds, the interim order in his earlier application, and the impugned transfer and release orders.

It concluded that the timing of the transfer—during the pendency of the earlier service dispute—gave credence to the applicant’s allegation of victimisation.

It further found that the orders reflected disregard of guidelines concerning employees with disabilities and those nearing retirement.

The Tribunal did not provide further analysis of the applicable guidelines or the respondents’ reasons for the transfer.

It also disposed of both miscellaneous applications.