Mumbai: The Maharashtra Administrative Tribunal (MAT) has directed the Principal Secretary, Social Justice and Special Assistance Department to urgently review the transfer decision of a Deputy Commissioner (Social Welfare Officer - Group A) after considering his personal hardships as a single parent of two young children and a caregiver to a son with Autism Spectrum Disorder (ASD).

The applicant, represented by Advocate Punam Mahajan via video conference, had challenged the transfer, citing unfair treatment compared to other officers who were retained in their posts beyond the standard three-year tenure or were granted preferred transfers due to personal difficulties. The tribunal noted that while multiple officers received such exemptions, the applicant’s request was denied without due consideration despite his compelling circumstances.

The tribunal reviewed the Social Justice & Special Assistance Department’s file notings, which showed that the applicant had earlier submitted a representation on October 7, 2024, highlighting his hardships. However, despite a favorable performance recommendation from the Commissioner of Social Welfare, Maharashtra, Pune, on October 8, 2024, the department proceeded with the transfer decision on November 14, 2024, without any sympathetic review.

MAT observed that the Principal Secretary failed to consider key provisions of the Rights of Persons with Disabilities Act, 2016, which legally recognizes caregivers’ rights under Section 2(d) and mandates reasonable accommodation under Section 2(y). Additionally, the tribunal pointed out that the Government of India’s progressive guidelines on exempting caregivers from rotational transfers—issued through office memoranda on June 6, 2014, October 8, 2018, and February 2, 2024—were completely overlooked.

Taking serious note of the situation, the tribunal has ordered the immediate convening of a Special Meeting of the Civil Services Board (CSB) to reconsider the transfer decision. The department must assess vacant posts of Deputy Commissioner (Social Welfare Officer - Group A) in Pune and transfer the applicant to one of them.

MAT also stressed on the recent Bombay High Court judgment dated August 13, 2024 (Writ Petition No. 382/2024), to the which elaborates on caregivers’ rights under the Rights of Persons with Disabilities Act, 2016, to ensure a legally sound decision, while considering the present case.

The tribunal further noted that the applicant had previously been granted retention in Pune for almost seven years—serving as Deputy Commissioner (Administration) from December 30, 2016, to August 19, 2020, and Deputy Commissioner (PCR) from August 20, 2020, to October 7, 2024. This suggested that his hardships had been considered sympathetically in the past and should not have been disregarded now.

Thus the MAT in its orders have directed the Social Justice & Special Assistance Department to act with urgency and report back on the revised decision.