Pending representation against arbitrary transfer and promotion denial warrants temporary stay of transfer order.

The petitioner, an employee under the Department of Animal and Fisheries Resources, challenged the notification dated 28.06.2026 (Memo No. 3260 and 3261) regarding his transfer and posting

The petitioner contended that while he was awaiting a promotion from pay Level 9 to Level 11, the respondent authorities arbitrarily transferred him to a post corresponding to Level 9, effectively bypassing his promotional claims

Although the petitioner submitted a representation to the Secretary (Respondent No. 2), no decision was taken, and he was allegedly forced to join the new posting

1. Whether the transfer of the petitioner to a lower-level post while his promotion was pending is legally sustainable and requires departmental reconsideration.

2. Whether the respondent authority is obligated to dispose of the pending representation regarding the petitioner's promotion and transfer grievances.

The court relied on the principles of administrative law regarding the right to be considered for promotion and the discretionary nature of transfer and posting. It recognized that while transfer and promotion are distinct administrative issues, they can be inextricably linked if a transfer prejudicially affects a pending promotional claim

The court applied the rule of "reasoned and speaking orders," necessitating that administrative authorities address grievances through a formal, documented decision-making process when a representation is pending

The court observed that the petitioner had "cleverly clubbed" the issues of transfer and promotion

While the State argued these were separate matters, they conceded that both issues fall under the jurisdiction of the Secretary of the Department

Since the petitioner’s representation was admitted to be pending without a decision, the Court determined it was not necessary to adjudicate the merits at this stage. Instead, the Court found it appropriate to invoke its extraordinary jurisdiction to ensure the administrative authority exercises its duty to decide the matter, specifically directing the Secretary to evaluate both the transfer and the promotion claim concurrently

Crucially, the Court ordered that until a decision is taken on the representation, the impugned transfer notification (Memo No. 3260) shall remain "inoperative" specifically for the petitioner

Under these terms, the petition was disposed of