CAT - ['Chennai']Administrative and Public LawEmployment and Labour Law

Civilian MTS Seeking Posting Near Wife In Lucknow: CAT Sets Aside Cryptic Rejections, Orders Reconsideration Within 45 Days

Kuldeep Morv.DEFENCE

Civilian MTS Seeking Posting Near Wife In Lucknow: CAT Sets Aside Cryptic Rejections, Orders Reconsideration Within 45 Days. Kuldeep Mor vs DEFENCE. CAT - ['Chennai']. LawLens
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In brief

The question

Whether the respondents’ orders rejecting the applicant’s compassionate-transfer representations were adequately reasoned and speaking orders.

The court held

The OA was disposed of at the admission stage. The orders dated 11 August 2025 and 29 May 2026 were set aside.

It also directed

The respondents were directed to reconsider the representations dated 3 March 2025 and 4 November 2025 and pass a well-reasoned, speaking order within 45 days of receiving the Tribunal’s order. No direction granting the transfer itself was made.

01Facts

The applicant, a civilian Multi Tasking Staff member posted at Air Force Station, Avadi, sought transfer on compassionate grounds to Lucknow, where his wife worked, or to a place nearer to Lucknow.

¶ 1–2

He made representations dated 3 March 2025 and 4 November 2025. The respondents rejected his request, stating that no posting application was pending at Air Headquarters against a replacement MTS, based on the Station Commander’s remarks. The applicant challenged the rejection and sought a posting near his wife’s workplace.

¶ 1–2

02Issues

i.Whether the respondents’ orders rejecting the applicant’s compassionate-transfer representations were adequately reasoned and speaking orders.

¶ 3, 5

ii.Whether the Tribunal should direct the applicant’s transfer to Lucknow or a nearby place, or instead remit the representations for reconsideration.

¶ 6

03Law Applied

The Tribunal relied on the administrative-law requirement that decisions affecting a request must be reasoned and speaking orders.

¶ 3, 6

It identified no statute, precedent, or specific legal test as the basis for its decision. Although the applicant relied on Government Office Memoranda dated 30 September 2009 and 24 November 2022, the Tribunal did not interpret or apply them in deciding the OA.

¶ 3, 6

04Reasoning

The Tribunal found that the orders dated 11 August 2025 and 29 May 2026 were cryptic and non-speaking.

¶ 5

It therefore set them aside and required the respondents to reconsider both representations and issue a reasoned order. The Tribunal expressly declined to determine the merits of the applicant’s entitlement to transfer, including whether he should be posted to Lucknow or a nearby place.

¶ 6

05Holding

The OA was disposed of at the admission stage. The orders dated 11 August 2025 and 29 May 2026 were set aside.

¶ 6–7

The respondents were directed to reconsider the representations dated 3 March 2025 and 4 November 2025 and pass a well-reasoned, speaking order within 45 days of receiving the Tribunal’s order. No direction granting the transfer itself was made.

¶ 6–7
CAT - ['Chennai']

Original Court PDF

Kuldeep MorvsDEFENCE

CAT - ['Chennai'] · October 26, 2026

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