Repatriation orders for disabled employees must be reconsidered by treating judicial challenges as formal representations.

The applicant, a 44-year-old teacher originally posted in District Poonch, was granted an inter-district transfer to District Jammu in 2017 on medical grounds

A Disability Certificate dated 17.01.2020, issued by the District Medical Board, Poonch, established that the applicant suffers from a locomotor disability and requires warm climatic conditions

Based on this medical status, the Administrative Department extended her deployment in Jammu in September 2020

On 13.02.2026, the School Education Department issued a communication directing the applicant to report back to her original place of posting in District Poonch

The applicant challenged this order, seeking to remain at her current station or a nearby station with adequate medical facilities

1. Whether the impugned communication directing the applicant to report back to District Poonch failed to consider her documented locomotor disability and medical requirements

2. Whether the applicant is entitled to a posting at a station compatible with her medical condition and the Disability Certificate issued by the Medical Board

The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985

The Tribunal applied the principle of administrative fairness, which requires authorities to pass "reasoned and speaking orders" when considering representations related to service conditions, especially where an employee's physical disability and specific medical needs (as certified by a competent Medical Board) are at stake

The Tribunal noted the applicant's history of medical transfers and the validity of the 2020 Disability Certificate regarding her locomotor condition

The applicant argued that the respondents issued the repatriation order without due regard for her health

Rather than ruling on the merits of the transfer itself, the Tribunal accepted the applicant's prayer to treat the Original Application as a formal representation

The court reasoned that the respondents must specifically evaluate the applicant’s present medical condition against the requirements of her posting

The Tribunal linked the "Rule of Law" to the facts by mandating that any administrative decision regarding her deployment must explicitly account for the Disability Certificate and the necessity of "suitable and warm climatic conditions"

The respondents were ordered to consider her case for continued posting in Jammu or a compatible station and to pass a reasoned and speaking order within six weeks

No order was made as to costs