Court Directs Empathetic Reconsideration of Transfer Order on Serious Medical Grounds Not Listed in Policy

The applicant, a Music Teacher (PRT Music) originally posted at KV Sirsa, Haryana since 2007, sought a transfer to Chandigarh or nearby stations on medical grounds, citing Lymphonode Tuberculosis and incurable Crohn's Disease, for which she receives treatment at PGI Chandigarh.

On June 25, 2024, she was transferred to KV Baoli, Bagpat, U.P., on administrative grounds (displacement) as she had completed over 16 years at her current station.

After her initial representation was rejected following a direction in a previous OA (No. 3125/2024), the applicant filed the present OA seeking to quash the transfer, relieving, and rejection orders, and requesting the inclusion of her medical conditions in the KVS Transfer Policy 2023.

1. Whether the transfer of the applicant to KV Baoli was legally sustainable despite her chronic medical condition and her need for specialized treatment at PGI Chandigarh?

2. Whether the court should direct the respondents to reconsider the applicant’s prayer for posting at KV No. 1 Ambala or KV Mullanpur (Chandigarh) on empathetic grounds?

The court primarily applied the KVS Transfer Policy 2023, which governs administrative and displacement transfers based on "transfer counts" and "displacement counts".

It recognized the established legal principle that transfer is an incidence of service and no employee has a vested right to a specific posting.

Section 19 of the Administrative Tribunals Act, 1985, regarding the Tribunal's jurisdiction to review administrative actions, while acknowledging that administrative requirements usually override personal difficulties unless exceptional circumstances warrant empathetic intervention.

The respondents argued that the transfer was automated and strictly adhered to the policy, noting that the applicant’s diseases were not listed in the "specified diseases" category of the KVS policy, thus disqualifying her from medical priority.

The Tribunal observed that the applicant had served at Sirsa for 17 years and was suffering from significant medical issues (Crohn's Disease and Lymphonode TB) requiring bi-weekly travel to Chandigarh.

The Tribunal reasoned that given the "peculiar facts" and the serious nature of the clinical observation of her condition at PGI Chandigarh, the administration must balance policy adherence with "due sensitivity" and "empathy".

The Tribunal did not quash the policy but directed a fresh administrative review focused on vacancy availability at preferred stations like Ambala or Mullanpur.

The court directed the Commissioner to treat the OA as a representation and reconsider the applicant’s case afresh with empathy, specifically regarding potential posting at KV No. 1, Ambala or KV Mullanpur, Chandigarh.

This exercise must be completed within two months from the receipt of the order.