Competent authority directed to promptly post employee at Bilaspur on medical grounds, with interim protection continuing meanwhile.

The petitioner, appointed as an Assistant Manager on 25.06.1990 and presently posted as Junior Accountant at the District Minor Forest Produce Union Federation, Narayanpur, challenged the transfer order dated 17.07.2026 transferring him from Narayanpur to Sukma as Junior Assistant.

He contended that his request for transfer to a place near Durg on medical grounds had been recommended by the concerned authorities but was not considered while passing the transfer order. He had also submitted a representation dated 20.07.2026, which remained pending.

During the proceedings, the respondents informed the Court that the petitioner’s transfer to a place near Durg was under consideration and that Bilaspur was being considered as an alternative posting on medical grounds.

Subsequently, the respondents produced a proposal dated 08.09.2026 and covering memo dated 09.09.2026, proposing the petitioner’s posting at the District Union, Bilaspur, where a vacant post was available.

An interim order dated 06.08.2026 was already operating in favour of the petitioner.

Whether, in view of the respondents’ proposal to reconsider the petitioner’s posting on medical grounds, the writ petition should be kept pending or disposed of with appropriate directions?

Whether the interim protection granted to the petitioner should continue until the consequential posting order is passed?

No specific statutory provision or precedent was cited or applied in the order.

The Court applied the procedural principle that where the competent authority has reconsidered the employee’s grievance and a consequential administrative decision is pending, the writ petition may be disposed of by directing the authority to take an expeditious decision.

The Court also applied the incidental principle that an existing interim order may continue until the consequential administrative order is passed, in order to preserve the petitioner’s protection during the decision-making process.

The Court noted that the petitioner’s request for transfer on medical grounds had been reconsidered, taking into account the earlier recommendation for posting under the Durg Circle and the availability of a vacant post at Bilaspur.

Since the competent authority had already proposed the petitioner’s posting at Bilaspur, the Court held that no useful purpose would be served by keeping the writ petition pending.

Instead of adjudicating the validity of the original transfer order, the Court directed the competent authority to decide the proposal dated 08.09.2026 and issue the consequential posting order expeditiously.

To protect the petitioner until that decision was implemented, the existing interim order was continued.

The interim order dated 06.08.2026 was directed to remain in force until the consequential posting order was passed.