Facts
The applicant, an FPF Guard in the Forest Protection Force, was deployed to the Wildlife Department (Achabal/Rajparian Wildlife Sanctuary) via an order dated 13.01.2026 for a three-month period
Source reference: para 01, 02The applicant suffers from chronic medical ailments requiring continuous supervision and sought to continue at his current deployment on medical and humanitarian grounds
Source reference: para 02He submitted representations to the authorities, but no formal decision was taken, leading to an apprehension of being shifted
Source reference: para 03The applicant approached the Tribunal seeking a direction for the respondents to decide his representation
Source reference: para 04Issues
1. Whether the respondents’ failure to decide the applicant’s representation regarding his place of deployment on medical grounds warrants judicial intervention
Source reference: para 01, 042. Whether the applicant is entitled to interim protection from relocation pending the consideration of his representation
Source reference: para 08Law Applied
The court relied on the principles of administrative fairness and the constitutional guarantees under Articles 14 and 16 of the Constitution of India, which mandate that the State must act reasonably and non-arbitrarily in service matters
Source reference: para 03The Tribunal applied the procedural rule of directing administrative authorities to consider and decide pending representations within a stipulated timeframe, ensuring that the "rules governing the field" and "applicable rules and regulations" regarding transfers and medical grounds are followed
Source reference: para 04, 06Reasoning
The Tribunal noted that the applicant’s primary grievance was the "inaction" of the respondents in failing to address his medical situation
Source reference: para 01, 03Without delving into the merits of the medical claims, the Tribunal observed that the applicant would be satisfied if the Original Application was treated as a fresh representation for the authorities to decide
Source reference: para 04The court reasoned that since the applicant is nearing retirement (aged 59) and possesses an unblemished record, a time-bound administrative decision is necessary to prevent arbitrary relocation
Source reference: para 01, 03By directing a "reasoned, detailed, and comprehensive" order, the Tribunal ensured that the executive exercises its discretion within the bounds of law while maintaining administrative exigency
Source reference: para 07, 08Holding
The Tribunal disposed of the O.A. by directing the respondents to treat the application and annexed medical documents as a formal representation
The respondents were ordered to decide the plea within four weeks from the receipt of the order and communicate the reasoned decision within ten days thereafter
Source reference: para 07Crucially, the Tribunal held that the applicant shall not be disturbed from his present place of deployment until the exercise is completed, provided there is no legal impediment or administrative exigency
Source reference: para 08No order as to costs was made
Source reference: para 09Original Court PDF
Mohd Ashraf BhatvsForest Department
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