Authorities must sympathetically consider transfer requests of disabled employees per policy while maintaining status quo.

The applicant, a teacher suffering from a 48% permanent locomotor disability, sought a direction to continue her services at Govt. Boys Middle School, Manjakote

She was adjusted at the said school by respondent No. 4 vide order dated 20-01-2026 because the school is located on a roadside, accommodating her inability to commute on foot

The applicant further cited personal hardships, noting that her husband is posted at the Jammu Police Lines and her three children study near her current place of posting

Although a representation for permanent adjustment was forwarded to respondent No. 3 on 23-01-2026, no final decision was taken

During the hearing, the applicant’s counsel limited the prayer to a request that the Original Application (OA) be treated as a formal representation for time-bound disposal

Whether the respondents should be directed to treat the Original Application as a representation and decide upon the applicant's retention at her current post based on her disability and family circumstances?

The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985

It relied on the "Transfer Policy" of the Union Territory, specifically the provisions requiring the administration to consider cases involving employees with permanent disabilities and the posting of spouses in government service

The court also applied the administrative principle that grievances should be redressed through "reasoned and speaking orders"

The Tribunal observed that the applicant's primary grievance stemmed from her physical inability to commute to a remote location due to a 48% locomotor disability

Given that the applicant's counsel narrowed the scope of the prayer to a directive for administrative consideration, the Tribunal did not rule on the merits of the transfer order itself

Instead, the Tribunal focused on the necessity of a sympathetic review by the respondents, taking into account the intersection of the applicant's medical condition and the fact that her spouse is serving in the Jammu Police Lines

The Tribunal concluded that the respondents must evaluate the case within the framework of the existing Transfer Policy to ensure the applicant can perform her duties effectively and with dedication

The Tribunal further ordered that status quo as of the date of the order shall be maintained regarding the applicant's posting, and no coercive action shall be taken to move her until the representation is decided

No costs were awarded