The Central Administrative Tribunal (CAT) has strongly criticized the Central Board of Direct Taxes (CBDT) for implementing a discriminatory transfer policy, which favors Group A officers while restricting lower-ranked employees from living with their spouses. In its order dated March 4, 2025, the tribunal directed the CBDT chairman to revamp the existing transfer policy within six months and ensure a fair, humane, and uniform system for all employees.
Challenge by Group C and D Employees
The case was brought before CAT by Group C and D employees, including inspectors, stenographers, and tax assistants, who challenged the disparity in transfer policies. They argued that while Group A officers are guaranteed spousal transfers, lower-ranked staff are subject to a restrictive “loan basis transfer” policy, which limits them to five years at a particular location and impacts their career progression.
The petitioners contended that this violates Article 14 of the Constitution, which ensures equality before the law, and contradicts a 2009 Department of Personnel & Training (DoPT) circular, which mandates that government departments should facilitate spousal postings whenever possible.
CAT’s Ruling and Criticism of CBDT
The tribunal, referencing a 2022 Supreme Court judgment, ruled that the existing policy negatively affects employee morale and deprives them of their fundamental right to family life. CAT dismissed CBDT’s argument that employees had accepted their postings voluntarily at the time of recruitment. It stated that career growth should not come at the cost of prolonged family separation.
With this ruling, CBDT is now required to restructure its transfer policy, ensuring equal treatment across all ranks and aligning it with constitutional and administrative principles.
