NAVNIT K DUDHREJIA vs BSNL on 13 October 2026

ORDER

Per: Hon’ble Shri Jayesh V Bhairavia, Member (Judicial) The present Original Application has been filed by the applicant who is working as SDE (Upleta/Dhoraji), O/o AGM (Rural), Rajkot and who is also District Secretary of the All India Graduate Engineers and Telecom Officers Association (AIGETOA), Rajkot Business Area under Section 19 of the Administrative Tribunals Act, 1985, challenging the relieving order dated 30.04.2026 (Annexure A/2) whereby he was ordered to be relieved from Rajkot BA, Gujarat Circle to Maharashtra Circle as well as subsequent inter-circle transfer/implementation order dated 09.05.2026 (Annexure A/1) whereby he has been ordered to be transferred from Gujarat Circle to Maharashtra circle.

2. Brief facts of the case are as under:- 2.1 The Applicant (aged 56 years) is currently serving as a Sub Divisional Engineer (SDE) under Bharat Sanchar Nigam Limited (BSNL) at Upleta, Rajkot Business Area (BA) within the Gujarat Circle. 2.2 That on 17.03.2023, the Applicant was elected as the District Secretary of the All India Graduate Engineers and Telecom Officers Association (AIGETOA), Rajkot BA (a recognized representative body of BSNL executives), making him eligible for transfer immunity under association guidelines. The BSNL Corporate Office vide order an Inter-Circle Transfer Order dated 11.06.2024 ordered the transfer of applicant from Gujarat Circle to Maharashtra Circle. However, by acknowledging his association immunity, the Respondents subsequently issued retention order dated 20.09.2024 extending his stay/retention in Gujarat up to 10.03.2026. 2.3 It is submitted that on 25.02.2026, the competent authority of AIGETOA extended the tenure of the governing body of Rajkot BA for an additional six months, and granted extension to current District

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Governing Body of AIGETOA, Rajkot upto 10.09.2026, accordingly, extending the Applicant's status as District Secretary up to 10.09.2026. Pursuant thereto, the applicant became entitled to immunity from transfer under provisions governing recognized association and support associations. Accordingly, the Applicant formally submitted the prescribed immunity proforma along with medical certificates, seeking protection as the sole caregiver of his 82-year-old mother who suffers from severe hearing impairment. However, without deciding his pending association immunity and medical exemption requests, the Rajkot BA administration issued a impugned relieving order dated 30.04.2026, relieving him from Gujarat Circle to Maharashtra Circle with immediate effect. 2.4 Being aggrieved, the applicant submitted a detailed representation on 02.05.2026, whereby he has pointed out that approximately 18 similarly situated transferred officers were not relieved, highlighting that he alone was targeted. 2.5 However, without considering the said representation of the applicant, the BSNL Corporate Office on 09.05.2026, issued a fresh transfer order placing the Applicant at Sr. No. 1017 for transfer to the Maharashtra Circle, without formally cancelling or withdrawing the previous transfer order dated 20.09.2024. 2.6 Being aggrieved, the Applicant preferred subsequent detailed representations on 12.05.2026, 16.05.2026, and 19.05.2026 and requested that he may be retained at his existing place of posting on the ground of immunity to office bearers of recognized/support associations. However, the Respondents have not considered the same. Hence, this OA.

3. It can be seen from the records that after hearing both the sides this Tribunal vide order dated 01.07.2026 by way of an ad-interim relief restrained the respondents from implementing the impugned orders dated

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09.05.2026 (Annexure A/1) and 30.0.2026 (Annexure A/2) on the ground that which is still in force.

4. During the course of the argument learned counsel for the applicant placed on record a copy of Communication No. BSNLCO- SR/14(13)/1/2026-SR dated 26.09.2026 issued by the BSNL, SR Cell, Corporate Office which reads as under:- “Subject: Recognition and Extension of facilities of Recognized Representative Association and Support Association in BSNL-reg I am directed to refer to the subject mentioned above and to convey the approval of competent authority that the Recognition and facilities extended to SNEA as Recognized Representative Association (Majority Recognized Association) and AIGETOA as Support Association at Corporate level, all Circles and BA/OA level vide this letter no. BSNL/5-2/SR/2023 dated 25.09.2023 and modification vide letter BSNL/5- 2/SR/2023 dated 23.08.2024 shall further continue upto 16.01.2027 or till notification of 4th Membership Verification whichever is earlier.” 4.1 By referring the aforesaid letter learned counsel for the applicant argued that as per BSNL rules, recognized office bearers possess a legal right to transfer immunity and the herein is presently holding the said post of District Seretary and also the respondents had earlier granted him retention under the same general framework. Therefore, since the association’s governing body is further extended up to 16.01.2027, the applicant is entitled to be granted immunity from transfer.

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5. Per contra, the respondents have filed the reply and denied the claim of the applicant. Mr. Joy Mathew learned counsel for the respondents by referring the reply mainly submitted as under:- 5.1 That the applicant’s reliance upon the communication issued by AlGETOA Gujarat Circle bearing No. AIGETOA/Guj/2026/2 dated 25.02.2026 (Annexure-A5) whereby the tenure of the governing body is extended upto 10.09.2026 is misplaced as the department did not extend the period of the Association and the said communication is merely an internal communication issued by the association and cannot by itself confer immunity from transfer upon any employee. 5.2 Further, he argued that the immunity available to office bearers of recognized associations is subject to approval by the competent BSNL authority. Such immunity is neither automatic nor perpetual and remains valid only for the period specifically approved by BSNL Circle Office/Corporate Office. 5.3 Learned counsel referred the Clause 2.5 of the clarification issued by the BSNL SR Cell vide letter dated 11.09.2020 under the Recognition of Executive Associations (REA)-2014 categorically provides that: "The concessions are not guaranteed and cannot be claimed as a matter of right. They are always subject to administrative exigencies." 5.4 By referring the aforesaid clause, learned counsel for the respondents argued that the applicant cannot claim retention as a matter of right merely on the ground that his Circle tenure has not been completed. The concessions available under the REA-2014 are discretionary in nature and remain subject to administrative requirements and the prevailing transfer policy. Therefore, the plea of incomplete Circle tenure for seeking retention is misplaced, devoid of merit, and not tenable in law or under the applicable policy guidelines.

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5.5 It was submitted that as per Recognition of Executive Associations (REA)-2014 and its amendments and pursuant to the approval issued by BSNL Corporate Office vide letter No. BSNLCO-PRII/19(13)/1/2022- PERS-II dated 20.09.2024. The said retention (till 10.03.2026) was limited to the period approved by the competent authority and the said retention cannot be extended indefinitely. Moreover, the applicant has failed to produce any order issued by BSNL Corporate Office or Gujarat Circle approving extension of immunity or retention beyond the sanctioned period. Mere extension of the association governing body by the association itself does not automatically extend transfer immunity. Unless approved by the competent BSNL authority, such extension has no binding effect upon the respondents. Therefore, upon expiry of the approved retention period, the applicant became liable for transfer in accordance with the prevailing transfer policy and administrative requirements. As such, the OA lacks merit and accordingly, the same may be dismissed.

6. The applicant has filed the rejoinder and reiterated the averments made in the OA.

7. During the pendency of this OA, the applicant has also filed MA (Diary No. 1198/2026) whereby he has prayed for issuance of direction upon the respondents to produce some documents and he has also filed MA (Diary No. 1196/2026) whereby he has prayed for issuance of direction upon the respondents to release his admissible salary and consequential emoluments for the period from 01.05.2026 to 12.08.2026.

8. Heard learned counsel for the parties and perused the material available on record.

9. The primary issue centers around whether the applicant can validly claim transfer immunity as an office bearer. BSNL's primary defense rests on the argument that the internal extension of the union up to 10.09.2026 lacks binding administrative force. However, this argument loses

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foundational weight when viewed against the Communication No. BSNLCO-SR/14(13)/1/2026-SR dated 26.09.2026 issued by the BSNL, SR Cell, Corporate Office as via said communication the BSNL has explicitly extended the official recognition and complete facilities of AIGETOA as a Support Association across all Circle and BA/OA levels up to 16.01.2027 or till notification of 4th Membership Verification whichever is earlier. 9.1 Therefore, once the apex management of BSNL extends the statutory operational window and organizational facilities of the association up to 16.01.2027 vide communication dated 26.09.2026, in our considered view, it is not open for the respondents it cannot pick and choose the applicant herein for transfer and to deny the ancillary protection of transfer immunity to the duly elected District Secretary (i.e. the applicant herein) of that very same association. The applicant’s status as an elected office bearer is undisputed, and the respondents had previously used this exact same policy framework to grant him immunity until March 2026. Therefore, the said immunity cannot be denied to the applicant at this stage.

10. For the reasons recorded above, the Original Application is allowed with following directions and observations:- 10.1 The impugned Relieving Order dated 30.04.2026 (Annexure A/2) and the Inter-Circle Transfer Implementation Order dated 09.05.2026 (Annexure A/1) issued by the respondents are hereby quashed and set aside. 10.2 The Respondents are directed to allow the applicant to continue undisturbed at his current post as Sub Divisional Engineer (SDE) at Upleta, Rajkot Business Area (Gujarat Circle).

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10.3 The Respondents are directed to calculate, release, and pay the applicant's complete regular salary, allowances, and consequential emoluments for the period from 01.05.2026 to 12.08.2026.

11. The OA is allowed with aforementioned directions. MA Diary No. 1198/2026 and MA Diary No. 1196/2026 stand disposed of accordingly. No costs.

Sanjiv Kumar

Jayesh V Bhairavia Member (A)

Member(J)

/pv/

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