Facts
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
Source reference: para 1-2The Applicant, aged 57 years and 11 months, is scheduled to retire on 30.04.2028, leaving him with approximately 25 months of service
Source reference: para 3, 5He 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
Source reference: para 3-4Despite this, the respondents directed his relief on 04.04.2026 without deciding on his representation
Source reference: para 3-4Issues
1. Whether the transfer of the Applicant in the final phase of his service violates the BSNL Transfer Policy regarding age-based exemptions
Source reference: para 52. Whether the respondents are required to adjudicate the Applicant's pending representation before implementing the transfer order
Source reference: para 6-8Law Applied
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
Source reference: para 5The matter was governed by Section 19 of the Administrative Tribunals Act, 1985
Source reference: para 1The Applicant also invoked the "last leg" posting principles established by the Jurisdictional High Court in Anil Garg and Dr. Dev Parkash
Source reference: para 1Reasoning
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
Source reference: para 5During the proceedings, the Applicant’s counsel restricted the prayer to seeking a time-bound disposal of the pending representation dated 16.03.2026
Source reference: para 6The respondents’ counsel concurred, agreeing to a prompt decision by the Competent Authority
Source reference: para 7Consequently, 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
Source reference: para 8Holding
The Tribunal disposed of the Original Application without commenting on the merits
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
Source reference: para 8Furthermore, the Tribunal ordered the maintenance of status quo regarding the Applicant’s current posting until the representation is decided
Source reference: para 8No order as to costs was made
Source reference: para 9Original Court PDF
Sunil Kumar SachdevavsBSNL
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