Bombay HC Stays Transfer of Worker Who Has Mentally Challenged Child

Mumbai: The Bombay High Court has stayed till December 20 the transfer of an employee of Maharashtra Association for Cultivation of Science, an autonomous body under the Union Government, saying he had a mentally challenged child to look after.

Murlidhar Gurav, a class IV gardener, was promoted as an Assistant and transferred from his home town Pune to Hol village in Baramati taluka, 84 kms away. He resides in Pune with his differently-abled child.

As the petitioner did not report for duty at his place of posting in Baramati, a department inquiry was initiated by issuing a show cause notice to him.

The petitioner had challenged his transfer and the consequential action taken against him by filing a petition in the Bombay High Court.

Hearing his petition, a bench of Chief Justice Dr Manjula Chellur and Justice M S Sonak, stayed his transfer and also the departmental inquiry initiated against him.

"Having regard to the circumstances prima facie in support of the claim of the petitioner, we stay the operation of the transfer order and also consequential action taken by the respondents till the next date of hearing (December 20)," the bench said in its order recently.

"Meanwhile, the respondents are directed to place on record an affidavit in reply within four weeks with an advance copy to the petitioner who can file a rejoinder, if any, within two weeks thereafter. Stand over to December 20, 2016," said the Judges.

The petitioner sought stay on the transfer order as per government rules on the ground that he had a mentally challenged child with 50 per cent permanent disablility. He relied upon an Office Memorandum of June 6, 2014, issued by Ministry of Personnel of the Union Government.

According to the Memorandum, a government servant, who is also a care giver of the disabled child, can be exempted from the routine exercise of transfer subject to administrative constraints.

The HC, accepting the office Memorandum on record, stayed the transfer of the government servant and also the departmental inquiry initiated against him.