Facts
The applicant, appointed as a Helper in the Railway Department on August 6, 2013, under the Izzatnagar Division, was transferred from Pilibhit to Tanakpur
Source reference: p. 2, para. 3He sought a transfer to Azamgarh on humanitarian grounds, citing the serious medical ailments of his aged parents and the lack of other male family members to care for them, given the 600 km distance between his current posting and native place
Source reference: p. 2, para. 3The applicant submitted a representation to the competent authority on January 30, 2026, which remained undecided
Source reference: p. 2, para. 3Consequently, the applicant filed the present Original Application seeking a direction for the disposal of said representation
Source reference: p. 2, para. 2Issues
Whether the Tribunal should exercise its jurisdiction to direct the respondents to decide upon a pending representation regarding a transfer request on humanitarian grounds
Source reference: p. 3, para. 6Law Applied
The Tribunal applied the principle of administrative responsiveness, requiring competent authorities to consider personnel grievances in accordance with applicable rules and administrative exigencies
Source reference: p. 3, para. 5It further relied on the legal requirement that administrative representations must be disposed of by passing a "reasoned and speaking order" in accordance with law
Source reference: p. 4, para. 6Reasoning
The Tribunal noted the undisputed fact that the applicant’s representation dated January 30, 2026, was pending
Source reference: p. 3, para. 6While the respondents contended that a mandamus cannot be issued for a transfer to a specific location and that the application was premature, the Tribunal found that no fruitful purpose would be served by keeping the O.A. pending
Source reference: p. 3, para. 5-6By directing the respondents to decide the representation without expressing an opinion on the merits, the Tribunal balanced the applicant’s right to a timely administrative decision with the respondents' prerogative to manage transfers based on exigencies
Source reference: p. 4, paras. 6-7Holding
The Tribunal disposed of the O.A. at the admission stage without expressing any opinion on the merits or the issue of delay and laches
It directed the competent authority among the respondents to consider and decide the applicant's representation dated January 30, 2026, by passing a reasoned and speaking order within three months from the receipt of the certified copy of the order
Source reference: p. 4, para. 6The resulting order must be communicated to the applicant immediately
Source reference: p. 4, para. 6Original Court PDF
Jitendra Kumar bhartivsNORTHERN EASTERN RAILWAY
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