LAWS(KER)-2023-12-173

BALAN C. Vs. UNION OF INDIA

Decided On December 14, 2023
BALAN C. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Original petition arises from an order passed by the Central Administrative Tribunal (CAT), Ernakulam Bench, dismissing a challenge made by the petitioner. The petitioner, a Senior Scientist, working in the Centre for Development of Advanced Computing, Thiruvananthapuram (CDAC), has been ordered to be transferred to Jammu and Kashmir with immediate effect.

(2.) The challenge was based on the ground that his son Priyan, 14 years old, suffers from meningomyelocele with 65% locomotor disability. Though several grounds have been raised before CAT, none of them were compelling enough for the Tribunal to interfere with the transfer order. Tribunal noted that the transfer order was issued in the larger interest of the organisation and, disposed of the application with a further direction that on execution of the project at Jammu and Kashmir, his request for repatriation should be considered, as he is having a child with permanent disability.

(3.) C-DAC is executing the project of the Master Data Centre in Jammu and Kashmir to upgrade the State data centre to the networking operating centres in Jammu and Kashmir. The project appears to be the brainchild of the petitioner and, the petitioner was the Project Manager. Certain issues appear to have been cropped up as to the manner in which the project was executed and the investigation is going on at the instance of the Anti-Corruption Bureau, Jammu and Kashmir Government; and C-DAC is yet to receive the amount due to them from the Jammu and Kashmir Government.