Acquiescence to tenure-limited transfer orders precludes subsequent challenge to repatriation based on previous policy deletions.

The applicant, an industrial employee (Mate Elect) in the Military Engineer Services (MES), was appointed in 2018 and initially posted at Gwalior.

On March 22, 2022, he was granted a transfer to Prayagraj on compassionate grounds, subject to a condition that the tenure would be limited to two years.

The applicant joined this posting without protest.

He later challenged the repatriation orders dated May 16, 2024, and November 23, 2024, arguing that the two-year limitation policy had been deleted in February 2020 and that his subsequent transfer should have been permanent.

The respondents contended that while the 2020 amendment deleted the tenure limit, the "Posting Policy 2022" (PP/2022) revived the two-year restriction for compassionate transfers.

During the pendency of the proceedings, the applicant was relieved and rejoined his parent unit on December 12, 2024.

1. Whether the repatriation of the applicant to his parent unit after two years was illegal given the mid-period changes in transfer policy.

2. Whether the applicant, having joined the compassionate posting based on a conditional order, is precluded from challenging said condition after the expiry of the tenure.

The Tribunal applied the precedent established by the Hon’ble Supreme Court in S.C. Saxena Vs. U.O.I & Ors. (2006) 9 SCC 583, which mandates that a transferred employee must first report to the new place of duty before seeking legal redressal.

It further applied the principle of acquiescence, noting that an employee who accepts a transfer order with specific conditions without protest is bound by those terms.

The Tribunal also relied on the "Posting Policy 2022," which specifically revived the two-year tenure limit for compassionate transfers, superseding the 10.02.2020 guidelines that had briefly removed such restrictions.

The Tribunal reasoned that although the two-year cap was absent from the policy at the time of the 2020 amendment, the "Posting Policy 2022" (promulgated around the time of the applicant's transfer) specifically restored the two-year tenure for compassionate requests.

The court highlighted that the applicant was fully aware of the two-year limit as it was explicitly recorded in his movement/posting order, yet he accepted the transfer and joined the Prayagraj post without any protest or immediate challenge.

By the time the applicant filed his challenge, the 2022 policy was in full effect, making the respondents' action of repatriating him upon the completion of the two-year term legally sound and consistent with the prevailing administrative guidelines.

The Tribunal concluded that since the applicant accepted the conditional transfer and the current policy (PP/2022) justifies a two-year tenure, the grounds for the Original Application were not acceptable; consequently, the OA was dismissed, and all associated Miscellaneous Applications were disposed of.