Status quo maintained pending disposal of representation against transfer during last leg of service.

The Applicant, a Sub Divisional Engineer (SDE) at BSNL Hisar, challenged a transfer order dated 06.07.2024 and a subsequent relieving letter dated 13.03.2026, which directed his posting to Rohtak

The Applicant, aged 57 years and 11 months, is scheduled to retire on 30.04.2028, leaving him with approximately 25 months of service

He submitted a representation on 16.03.2026, citing the medical condition of his 85-year-old dependent father and the BSNL transfer policy regarding "last leg" service postings

Despite this, the respondents directed his relief on 04.04.2026 without deciding on his representation

1. Whether the transfer of the Applicant in the final phase of his service violates the BSNL Transfer Policy regarding age-based exemptions

2. Whether the respondents are required to adjudicate the Applicant's pending representation before implementing the transfer order

The Tribunal relied on the BSNL Transfer Policy dated 07.05.2008 (as amended on 24.11.2014), which mandates that intra-circle transfers should normally be avoided for officers who have reached 57 years of age

The matter was governed by Section 19 of the Administrative Tribunals Act, 1985

The Applicant also invoked the "last leg" posting principles established by the Jurisdictional High Court in Anil Garg and Dr. Dev Parkash

The Applicant falls within the age criteria (57+ years) specified in the BSNL Transfer Policy where transfers should generally be avoided to facilitate a "last leg" posting near retirement

During the proceedings, the Applicant’s counsel restricted the prayer to seeking a time-bound disposal of the pending representation dated 16.03.2026

The respondents’ counsel concurred, agreeing to a prompt decision by the Competent Authority

Consequently, the Tribunal determined that the administrative interest would be served by requiring the respondents to pass a reasoned and speaking order while protecting the Applicant’s current status in the interim

It directed the Competent Authority to decide the Applicant’s representation dated 16.03.2026 within four weeks by passing a reasoned and speaking order

Furthermore, the Tribunal ordered the maintenance of status quo regarding the Applicant’s current posting until the representation is decided

No order as to costs was made