Headline: Administrative transfer stayed pending consideration of representation on medical grounds and violation of transfer policy.

The applicant, a 57-year-old employee at the Directorate of Health Services, Jammu, challenged the transfer order dated 09.05.2026, which attached him to the office of the Chief Medical Officer, Reasi

The applicant contended that the transfer violated the existing Transfer Policy and ignored severe medical exigencies

Specifically, his wife suffers from Chronic Kidney Disease requiring bi-weekly dialysis at Government Hospital Gandhi Nagar, Jammu, and he himself suffers from serious ailments

The applicant submitted a representation on 11.05.2026 to the respondents, which remained undecided, leading to the filing of the present Original Application (O.A.)

1. Whether the respondents are required to consider the applicant's representation against his transfer in light of the Transfer Policy and personal medical hardships

2. Whether interim protection (status quo) should be granted pending the administrative decision on the transfer

the principles of administrative law regarding the judicial review of transfer orders, emphasizing that while transfer is an incident of service, it must adhere to the established "Transfer Policy" governing the field

principle of "reasoned and speaking orders," requiring administrative authorities to address grievances by applying the law to specific facts, particularly when medical and humanitarian grounds are invoked

The Tribunal did not adjudicate the merits of the transfer but focused on the procedural lapse regarding the applicant's pending representation. It noted the applicant's willingness to dispose of the O.A. if the respondents were directed to treat the O.A. as a supplementary representation

The Court reasoned that since the applicant’s wife requires specialized nephrological care available in Jammu and the applicant is near retirement age (57), the respondents must "sympathetically" evaluate the case against the Transfer Policy and humanitarian constraints

Given the potential for irreparable harm due to the medical condition of the applicant's wife, the Court found it necessary to maintain the status quo to ensure the representation process is not rendered moot by forced relocation

The respondents are ordered to pass a "reasoned and speaking order" within four weeks from the receipt of the certified copy of the judgment

status quo shall be maintained, and no "coercive action" shall be taken to force the applicant to join the new place of posting until the representation is decided