High Court of Bombay at Goa: Special Consideration for a Mother of a Child with Autism in Routine Transfer Case. Court quashes transfer order on humanitarian grounds, emphasizing the special needs of a child with Autism Spectrum Disorder.

Case Note & Summary

The petitioner, a Lady Police Sub-Inspector, challenged her transfer from SB Centre Ponda to AHTU Panaji. The petition was grounded in the special needs of her son, who suffers from Autism Spectrum Disorder with a 70% disability. Mrs. Naik argued that her presence was crucial for her son's well-being due to the severity of his condition, which required her to remain in close proximity. The court, while acknowledging the general principles governing transfers, including that it is a routine exercise and not a vested right, ultimately quashed the transfer order. The court's decision was driven by humanitarian considerations, noting that the child's disability and the necessity of the mother’s immediate availability in case of emergencies justified an exception in this case.

IntroductionThe petitioner seeks enforcement of an Office Memorandum issued by the Director of Social Welfare, Panaji, Goa, and requests an exemption from a routine transfer due to her son’s disability.

BackgroundThe petitioner’s son suffers from Autism Spectrum Disorder, a permanent disability escalating to 70%. The petitioner has been in service for 22 years and resides in Ponda, where her son receives special education.

Legal ConsiderationsThe court acknowledged that while transfers are routine and necessary, they must be balanced against the statutory and humanitarian needs of individuals, particularly those protected under the Disabilities Act.

Court's ReasoningThe court emphasized the importance of the petitioner’s proximity to her son due to the severe and escalating nature of his disability. The petitioner’s current post allowed her to attend to her son’s urgent needs, which could be compromised by the transfer.

DecisionConsidering the special circumstances, the court quashed the transfer order on humanitarian grounds, recognizing the petitioner’s critical role in her son’s care and the potential risks posed by her relocation.