CAT quashes transfer of railyway officer having son with autism

Judicial member of CAT M Swaminathan directed the authorities to allow him to continue at his present place of posting at Vellore.
Image of a gavel used for representational purposes only
Image of a gavel used for representational purposes onlyPexels

CHENNAI: The Central Administrative Tribunal (CAT), Chennai Bench, has quashed an order of the Southern Railways to transfer an officer, who is the caregiver for his son with autism.

Judicial member of CAT M Swaminathan recently passed the orders to set aside the transfer order of Gowrithanayan, deputy chief engineer of the engineering workshop at Arakkonam, citing certain judgments and orders of the Department of Personnel and Training (DoPT) regarding exemption to caregivers.

“I am of the view that the impugned order has been passed by the respondents without application of mind. The applicant has a child with autism and DoPT had time and again brought out various orders regarding exemption of employees who are caregivers of persons with disabilities,” he said in the recent order, passed on the petition filed by Gowrithanayan.

While quashing and setting aside the transfer order passed by the Principal Financial Advisor of Southern Railway dated June 9, 2023, and the subsequent rejection order passed on November 3, 2023, on his petition against the transfer, Swaminathan directed the authorities to allow him to continue at his present place of posting at Vellore. The petitioner stated that his wife is taking care of their 21-year-old autistic son. However, she is ailing from certain health issues due to which he has to take care of his son after his office hours.

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