Government employees nearing superannuation should be posted near their place of residence per transfer policy.

The applicant, a 59-year-old employee of the School Education Department, filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985

She sought a transfer/adjustment to a school near her residence in Kishtwar, citing significant hardship caused by her current distant posting

The applicant is scheduled to retire on October 27, 2027

Her counsel argued that both the prevailing Transfer Policy and judicial precedents support the posting of employees nearing superannuation to convenient locations

1. Whether a government servant nearing superannuation is entitled to be considered for posting near their residence in accordance with the Transfer Policy and judicial precedents

2. Whether the Tribunal should direct the respondents to treat the Original Application as a formal representation for the purpose of adjusting the applicant's posting

The Tribunal primarily relied on the provisions of the government Transfer Policy, which mandates that employees at the "fag end" of their careers should be conveniently posted and not transferred to distant places

the legal principle established by the Hon’ble High Court of Jammu & Kashmir in Tahira & Ors. v. State of J&K and Ors. (SWP No. 895/2003), which held that government servants nearing superannuation should be adjusted or posted near their place of residence

The Tribunal considered the applicant’s age and proximity to retirement (less than two years remaining) as material factors necessitating administrative consideration

Rather than passing a final order on the transfer itself, the Tribunal determined that the administrative authorities must first evaluate the applicant's request through the lens of existing policy and case law

The Tribunal emphasized that the respondents are duty-bound to consider the hardship of the employee and must pass a "reasoned and speaking order" to ensure that the Transfer Policy and the Tahira precedent are applied to the facts of the applicant's case

The respondents were ordered to pass a reasoned and speaking order regarding the applicant's posting at a convenient place in light of the Transfer Policy and the judgment in Tahira & Ors. v. State of J&K and Ors.

This exercise must be completed within four weeks from the date of receipt of the certified copy of the order

No order as to costs was made