MUSTAFA HASAN ABRAR vs TELECOMMUNICATION on 22 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR Order Sheet Item no.: 1 O.A./992/2026 (JABALPUR) [ TRANSFER ] Court No.: 1 No of Adjournment: Order Dated: 22/10/2026 MUSTAFA HASAN ABRAR Vs TELECOMMUNICATION

For Applicant(s) Advocate : SHRI MANOJ SHARMA LEARNED SENIOR ADVOCATE ASSISTED BY MS. SHRUNKHLA DAREKAR

For Respondent(s) Advocate : SHRI D S BAGHEL Order of The Tribunal Heard. Issue notice to the respondents as per rules. Also heard on the prayer for interim relief. The applicant has sought for the following interim relief in this O.A. “9. Applicant crave leave of this Hon'ble Tribunal to adopt all the facts and grounds mentioned hereinabove for the purpose of interim relief as well. Applicant have a prima facie case in his favour and a bare perusal of the facts and grounds already placed on record would reveal that the present matter is one of grave injustice and serious prejudice caused to applicant. In view of the applicant's compelling family circumstances and in light of the applicable transfer policy, this Hon'ble Tribunal may kindly be pleased to stay the effect, operation and implementation mpugned transfer order dated 02.05.2025 (Annexure-A/1), relieving order dated 28.05.2025 (Annexure-A/2), posting order dated 17.09.2026 (Annexure-A/3) and speaking order dated 01.10.2026 (Annexure-A/4), insofar as they concern applicant; restrain respondents from taking any coercive or disciplinary action against applicant on account of non- joining pursuant to the impugned orders; and permit applicant to discharge his duties at Indore or another suitable posting within Madhya Pradesh. and direct the respondents to permit the applicant to continue to discharge his duties at the Indore Office (QA & Inspection); further direct the respondents to keep one post of SDE (QA & Inspection) vacant in the M.P. Circle and/or in the QA & Inspection Circle, as may be appropriate, subject to the final outcome of the present OA; and pass such other or further orders as this Hon'ble Tribunal may deem fit and proper in the interest of justice.” The applicant has challenged the transfer order dated 02.05.2025 (Annexure A-1), the consequential relieving order dated 28.05.2025 (Annexure A-2), the subsequent posting order dated 17.09.2026 (Annexure A-3) and the speaking order dated 01.10.2026 (Annexure A-4). The facts of the case in brief is that the applicant joined Bharat Sanchar Nigam Limited (BSNL) as a Junior Telecom Officer on 27.04.2009 and was initially posted at Bhopal, Madhya Pradesh Circle. Subsequently, on 07.07.2021, he was transferred to the QA & Inspection Circle and was promoted to the post of Sub Divisional Engineer (QA & Inspection) on 02.05.2025. Thereafter, vide transfer order dated 03.05.2025, the applicant was transferred to Maharashtra Circle. Aggrieved thereby, the applicant submitted a representation dated 28.05.2025 seeking modification of his transfer on the ground that his wife is a Judicial Officer posted at Dhar, Madhya Pradesh, and requested suitable posting in Madhya Pradesh on working-spouse and family grounds. However, despite the pendency of his representation, a consequential relieving order was issued on 15.09.2025, followed by a further representation submitted by the applicant on 19.11.2025. Thereafter, the applicant approached this Tribunal by filing O.A. No. 200/01208/2025, wherein interim protection was granted against coercive action. The said Original Application was disposed of on 25.08.2026 with a direction to the respondents to consider and decide the applicant’s representation in the light of DoPT Office Memorandum dated 24.11.2022 by passing a reasoned and speaking order. Subsequently, vide order dated 16.09.2026, the respondents were directed not to take coercive action against the applicant until his representation was decided. However, the respondents issued a posting order dated 17.09.2026 posting the applicant at Parbhani, Maharashtra Circle, and thereafter rejected his representations vide speaking order dated 01.10.2026. On the other hand, the respondents have raised a preliminary objection that, as per the applicable transfer policy, the prescribed tenure is 18 years and the applicant has already completed approximately 17½ years of service/tenure in the relevant context. Accordingly, the respondents contend that the applicant has nearly completed the prescribed tenure and his request for accommodation cannot be considered dehors the applicable policy. Having considered the rival submissions, this Tribunal is conscious of the fact that transfer is ordinarily an incident of service and that an employee cannot claim posting at a particular station as a matter of right. At the same time, the applicant's family circumstances, particularly the posting of his wife as a Judicial Officer at Dhar, Madhya Pradesh in the mid academic session warrant consideration for a limited period. The fact that the applicant has already completed approximately 17½ years against the prescribed tenure of 18 years in the Madhya Pradesh Circle is also a relevant circumstance; however, the same does not, by itself, confer an enforceable right to continue in the said Circle. In view of the aforesaid circumstances, this Tribunal considers it appropriate to grant limited interim protection in the interest of balancing the administrative requirements with the applicant's family circumstances. Accordingly, as an interim measure, the respondents are directed to consider and accommodate the applicant at a suitable place of posting within, or in the vicinity of, the Madhya Pradesh Circle, subject to administrative feasibility and availability of a suitable post, at least till the conclusion of the current academic session. The respondents are directed to file their detailed reply, before the next date.

List the matter on 27.11.2026. Issue certified copy.

Smt Mallika Arya Member (A) Rajul Namdeo ( steno 'c' )