An employee transferred on promotion may be retained at the existing station upon undertaking to forgo promotion.

The applicant, an Upper Division Clerk in the Patent Office, Kolkata, challenged the speaking order dated 20.08.2026 by which her representation seeking reconsideration of her transfer was rejected.

She contended that the rejection was inconsistent with the transfer policy applicable at the relevant time and that employees had been retained at their choice places on critical medical grounds, whereas her case had not been similarly considered.

The respondents submitted that the applicant’s movement was consequent upon promotion and was not an ordinary transfer; according to them, she could remain at Kolkata only if she relinquished the promotion.

The applicant, on instructions, agreed to forgo the promotion and sought retention at Kolkata.

Whether the applicant was entitled to challenge the speaking order dated 20.08.2026 rejecting her representation against the transfer.

Whether the applicant could be retained at Kolkata upon furnishing an undertaking to forgo her promotion.

Whether the release and transfer orders should be enforced against the applicant in view of her willingness to relinquish the promotion.

The Tribunal applied the administrative principle that an employee may be retained at the existing place of posting where the competent authority permits such retention subject to relinquishment of a promotion.

A consensual undertaking may form the basis for consequential administrative directions.

The Tribunal did not adjudicate the applicant’s challenge to the transfer policy or determine whether she was entitled to retention on medical grounds.

Instead, it proceeded on the respondents’ admission that retention at Kolkata was possible if the applicant gave up her promotion.

Since the applicant expressly accepted that condition, the Tribunal treated the matter as capable of resolution by consent and directed the respondents to obtain an undertaking from her relinquishing the promotion and thereafter issue an appropriate retention order.

The appropriate retention order was directed to be issued within seven days of receipt of the Tribunal’s order.

Consequently, the release and transfer orders were directed not to be given effect to insofar as they concerned the applicant.

There was no order as to costs.