The Central Administrative Tribunal has directed ICCR to extend the date of joining of a transferred employee till the completion of his daughter's board examination, saying his absence at home might have "deep psychological impact" on her and may even spoil her career.
The tribunal, presided by P K Basu, asked Indian Council for Cultural Relation's director general to extend the date of joining of Anand Kumar, who has been transferred to ICCR's regional office in Pune from New Delhi, till March 31, 2015.
It, however, said that repeated efforts by government officials to get transfer orders postponed or cancelled should not be encouraged while noting that the applicant's request to extend his joining date had already been accepted by ICCR twice last year.
"To come before this tribunal to seek further extension, smacks of mischief by the applicant (Kumar) just to frustrate the transfer order," the tribunal said as it noted that the extended joining date had already crossed and Kumar had not joined his new place of posting.
"Such defiance of orders by government servants should not be encouraged at all," it added.
"However, in view of the fact that the academic career of a girl child is involved and absence of her father from home at time of her board examination may have a deep psychological impact on the child with the risk of spoiling her examination thus affecting her career, the respondents (ICCR officials) are directed to extend his joining time till March 31, 2015, on the applicant giving an undertaking that he shall join at his new place of posting i.E. Pune on April 1, 2015, and make no further claim for extension of joining time," it said.
Kumar had approached CAT seeking setting aside the transfer order passed in August, 2014.
While seeking his transfer to be stayed and he be allowed to continue in Delhi, Kumar submitted before the tribunal that he was suffering from heart disease since last five years while his wife was at a high risk of cervical cancer. He had also mentioned that his daughter is to appear in class XII board examination, which is scheduled in March 2015.
In his plea, Kumar alleged that the transfer was a result of vindictive action as he had opposed the extension of an ICCR official's date of retirement.
On the other hand, the ICCR told the tribunal that it was within its rights to transfer its officials.
