CAT - ['Jabalpur']
Employment and Labour LawAdministrative and Public Law

Respondents must reconsider the transfer representation in light of the Committee’s recommendation and maintain status quo pending decision.

Santosh Kumar Haldkar vs TELECOMMUNICATION

CAT - ['Jabalpur']JUDGMENT: September 08, 20263 MIN READSOURCE JUDGMENT
Respondents must reconsider the transfer representation in light of the Committee’s recommendation and maintain status quo pending decision.. Santosh Kumar Haldkar  vs TELECOMMUNICATION. CAT - ['Jabalpur']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Sub-Divisional Engineer with BSNL, challenged his transfer order dated 9 May 2026.

Source reference: no citation

His interim prayer to stay the transfer had earlier been rejected on 19 June 2026.

Source reference: p.2

Subsequently, the respondents sought supporting documents concerning the applicant’s dependent father and his caregiving responsibilities.

Source reference: p.2

The applicant submitted an undertaking and supporting material dated 24 June 2026.

Source reference: p.2

A Committee constituted by the respondents to examine retention or cancellation of transfer cases on medical grounds recommended his retention in the Madhya Pradesh Circle until 31 March 2027 on account of medical exigencies.

Source reference: pp.2–3

Despite that recommendation, the respondents rejected his representation on 6 August 2026 and issued a relieving order on 31 August 2026.

Source reference: p.3

The applicant therefore sought reconsideration of his case in light of the Committee’s recommendation and protection from coercive action pending such reconsideration.

Source reference: p.3
02

Issues

Whether the respondents were required to reconsider the applicant’s request for retention in the Madhya Pradesh Circle in light of the Committee’s recommendation based on his medical and caregiving circumstances.

Source reference: p.3

Whether the applicant was entitled to protection against coercive action, including implementation of the relieving order, pending a reasoned decision on his fresh representation.

Source reference: pp.3–4
03

Law Applied

The Tribunal did not expressly invoke any specific statutory provision or judicial precedent.

Source reference: no citation

It applied the administrative-law principles of fair and reasoned consideration of an employee’s representation, particularly where a duly constituted departmental Committee has recommended retention on medical grounds.

Source reference: no citation

The Tribunal also exercised its power to issue consequential interim protection by directing maintenance of status quo and restraining coercive action until the representation was decided.

Source reference: p.4

The order reflects the principle that an administrative authority must meaningfully consider relevant material and provide a reasoned and speaking order.

Source reference: no citation
04

Reasoning

The Tribunal found that the applicant’s case warranted reconsideration because the departmental Committee had specifically recommended his retention in the Madhya Pradesh Circle until 31 March 2027 owing to medical exigencies.

Source reference: p.4

Although the respondents contended that the applicant’s father’s dependency had not been recorded in the service record and that the applicant had already been relieved, those circumstances did not eliminate the obligation to consider the Committee’s recommendation and the supporting material placed by the applicant.

Source reference: p.3

The Tribunal therefore directed the applicant to submit a comprehensive fresh representation, which the respondents were required to decide through a reasoned and speaking order within a stipulated period.

Source reference: p.4

To preserve the efficacy of that reconsideration, the Tribunal ordered maintenance of status quo and restrained further coercive action in the meantime.

Source reference: p.4
05

Holding

The Tribunal allowed MA No. 1073 of 2026 and disposed of OA No. 531 of 2026.

The applicant was directed to file a comprehensive representation within two weeks of receiving the certified copy of the order.

Source reference: p.4

If filed within time, the respondents were directed to consider it in light of the Committee’s recommendation and pass a reasoned and speaking order within a further period of two weeks, with a copy to be supplied to the applicant.

Source reference: p.4

Until the representation was decided, the respondents were directed to maintain status quo and refrain from taking coercive action against the applicant.

Source reference: p.4

No order as to costs was made.

Source reference: p.4
CAT - ['Jabalpur']

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Santosh Kumar HaldkarvsTELECOMMUNICATION

CAT - ['Jabalpur'] · September 08, 2026

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