No Coercive Action to Enforce a New Posting Until the Employee’s Representation Is Decided.

The applicant, a Teacher originally posted at Government High School, Larkuti, was deployed at Eklavya Model Residential School, Hubbi-Kotranka.

By order dated 24 August 2026, the Zonal Education Officer, Kotranka, directed her to report to her original place of posting.

The Chief Education Officer, Rajouri, subsequently placed her under suspension by order dated 29 September 2026 and directed her to remain attached to that school.

She challenged both orders and sought, among other reliefs, revocation of her suspension and accommodation related to her disability.

At the hearing, her counsel asked that the application be disposed of with a direction to treat it as a representation and decide it within a stipulated period.

The Tribunal disposed of the application without examining the merits.

1. Whether the application could be disposed of by directing the respondents to treat it as a formal representation and decide it within a specified period.

2. Whether interim protection should be granted against coercive action requiring the applicant to join her original place of posting while that representation remained pending.

The application was brought under Section 19 of the Administrative Tribunals Act, 1985.

The Tribunal stated no substantive statutory test, precedent, or other legal principle governing the transfer, suspension, or disability-related claims.

It disposed of the matter on the limited prayer made by the applicant, directing the respondents to consider the application as a representation and pass a reasoned and speaking order within four weeks of receiving a certified copy of the order.

The applicant’s counsel sought disposal on the limited basis that the application be treated as a representation.

In view of that request, the Tribunal expressly refrained from entering into the merits of the challenged posting and suspension orders or the other claims.

It directed the respondents to issue a reasoned and speaking decision within four weeks and, pending consideration of the representation, prohibited coercive action to make the applicant join the new place of posting.

It directed the respondents to treat it as the applicant’s formal representation and decide it by a reasoned and speaking order within four weeks of receiving a certified copy of the order.

Until the representation was considered, no coercive action could be taken to make the applicant join the new place of posting.

No order as to costs was made.