Court Mandates Time-Bound Disposal of Mutual Transfer Representation Based on Humanitarian Grounds and Existing Recommendations

The applicant, Ghulam Nabi Shah, is a Meter Reader (Executive) in the Power Development Department (KPDCL) who, after 32 years of service, is currently posted at STD Ganderbal, approximately 70 km from his home in Kangan.

The applicant sought a mutual transfer with a colleague, Nazir Ahmad Baba, citing humanitarian grounds, including his status as the sole breadwinner for his five minor daughters and ailing, aged parents.

Despite positive recommendations from the Executive Engineer (12.12.2024) and the Chief Engineer, the Superintending Engineer (Respondent No. 3) failed to pass a final order on the request.

The applicant approached the Tribunal seeking a direction for the respondents to decide on his pending mutual transfer application.

1. Whether the Court should direct the respondents to consider and pass a reasoned order on the applicant's long-pending request for mutual transfer based on administrative recommendations and humanitarian grounds.

Government authorities are duty-bound to consider and decide upon employee representations in a time-bound and reasoned manner.

Mutual transfer is an arrangement where two employees exchange posts without causing administrative burden or additional expenditure.

Administrative decisions must be made in accordance with applicable rules, regulations, and the law holding the field.

The Court noted that the applicant had already secured favorable recommendations from both the Executive Engineer and the Chief Engineer during 2024 and 2025, yet the final authority (Respondent No. 3) had not acted upon them.

The applicant’s counsel limited the prayer to a request for a time-bound consideration of the O.A. as a formal representation, to which the respondents offered no objection provided the consideration adhered to established rules and regulations.

The Tribunal, without delving into the merits of the transfer itself, determined that the interests of justice would be served by compelling the competent authority to exercise its administrative discretion and break the deadlock.

The exercise must be completed within four weeks from the receipt of the order, considering the documents annexed to the petition and the law holding the field, with parties ordered to bear their own costs.