Authorities Must Decide Last Leg Posting Representations in Strict Adherence to Established Rotational Transfer Policy

The applicant, a Civilian Switch Board Operator (CSBO) Grade-I at Army HQ, New Delhi, challenged his transfer and sought a choice posting to Ahmedabad

The applicant was transferred from Ahmedabad to New Delhi on June 14, 2023, and reported for duty on August 11, 2023

With a scheduled retirement date of April 30, 2025, the applicant sought a "Last Leg Posting" (LLP) to Ahmedabad under the respondents' Rotational Transfer Policy (RTP) to care for his disabled wife and bedridden dependents

He submitted a representation dated December 1, 2024, which remained pending

The respondents maintained that the transfer followed established norms based on organizational requirements and manpower needs

1. Whether the applicant is entitled to a Last Leg Posting (LLP) to a choice station under the Rotational Transfer Policy (RTP) dated September 22, 2022

2. Whether the respondents are obligated to consider and dispose of the applicant's pending representation regarding his transfer on compassionate and policy grounds

The court primarily applied Section 19 of the Administrative Tribunals Act, 1985, regarding the adjudication of service matters

It relied on the Rotational Transfer Policy (RTP) for CSBOs dated September 22, 2022, specifically Para 7(g), which provides for Last Leg Postings to choice stations for employees with residual service of a maximum of four years, subject to a 15% establishment cap and organizational requirements

The court further noted Para 7(b)/9(b) of the RTP, which stipulates that the tenure of a CSBO in any establishment should generally be between two and three years

The Tribunal examined the applicant's eligibility for LLP, noting he was within the final four years of service before superannuation

The applicant argued that since he fulfilled the eligibility criteria under Para 7(b) and 7(g) of the RTP, his request for a compassionate transfer to care for his disabled wife deserved consideration

The respondents contended that while the policy allows for exemptions for superannuating employees, transfers are ultimately governed by service exigencies and administrative requirements

However, the Tribunal observed that the applicant’s prayer was limited to seeking a direction for the respondents to decide his pending representation dated December 1, 2024

Consequently, the Tribunal determined that a time-bound direction to the competent authority to pass a reasoned and speaking order would suffice to resolve the matter without delving into the merits of the transfer itself

The competent authority among the respondents was directed to consider and dispose of the applicant’s representation dated December 1, 2024, in accordance with Clauses 7(b) and 7(g) of the Rotational Transfer Policy dated September 22, 2022

The respondents must pass a reasoned and speaking order within six weeks from the date of the judgment

No costs were awarded