The Bombay High Court recently set aside a transfer order for a government employee after she informed the bench that she was responsible for looking after her mentally challenged brother. Although the transfer posting was only 30 km away, the petitioner contended that as per the 2014 government resolution she was exempted from the transfer.
The employee said as there was no school in the vicinity of the transfer location, her brother would have to travel 30 km and hence the transfer order should be set aside. The high court accepted the contentions.
A division bench of Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne on February 28 heard a plea by the woman who challenged her transfer order.
The woman, through advocates SR Nargolkar and Arjun Kadam, submitted that she is the sister of a mentally disabled child and had to look after him, and the said fact was also recorded in her service book maintained by the employer. Therefore, the petitioner submitted that she was entitled to exemption from the transfer as per the government resolution dated May 15, 2014.
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