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

Transfer and relieving orders kept in abeyance pending consideration of the employee’s representation.

Sheela S vs EXTERNAL AFFAIRS

CAT - ['Ernakulam']JUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Transfer and relieving orders kept in abeyance pending consideration of the employee’s representation.. Sheela S vs EXTERNAL AFFAIRS. CAT - ['Ernakulam']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Senior Superintendent at the Regional Passport Office, Thiruvananthapuram, challenged a transfer order dated 7 October 2026 and the consequential relieving order issued that day.

Source reference: para. 3

She relied on her husband being bedridden; an earlier order had assigned her duties at Kollam for four weeks.

Source reference: para. 3

The applicant sought interim relief, which the respondents opposed.

Source reference: para. 3

The Tribunal recorded that the relieving order had been issued the evening before the hearing.

Source reference: para. 3; Annexures A1–A3
02

Issues

1. Whether the applicant should be directed to first submit a representation concerning her transfer and relieving, for consideration by the competent authority.

Source reference: para. 3

2. Whether the transfer and relieving orders should remain operative while that representation was pending and shortly after the decision was communicated.

Source reference: para. 3
03

Law Applied

The Tribunal cited no statute, precedent, or specific legal doctrine.

Source reference: para. 3

It directed the applicant to pursue a representation and required the competent authority to consider and decide it expeditiously, while temporarily keeping the challenged orders in abeyance.

Source reference: para. 3
04

Reasoning

The Tribunal noted that the applicant’s stated ground was that her husband was bedridden and that she had been relieved only the previous evening.

Source reference: para. 3

In view of those circumstances, the Tribunal directed her to submit a representation within three days and required the competent authority to decide it within ten days of receipt.

Source reference: para. 3

To preserve the position pending that consideration, the Tribunal kept the transfer and relieving orders in abeyance until the decision was considered, communicated, and three days had elapsed thereafter.

Source reference: para. 3
05

Holding

The Tribunal disposed of the Original Application with directions that the applicant submit her representation within three days and that the competent authority decide it within ten days of receipt.

The transfer order, insofar as it related to the applicant, and the relieving order were to remain in abeyance until the decision was considered and communicated and for three days thereafter.

Source reference: paras. 3–4

The applicant’s right to return to the Tribunal if the decision was adverse was reserved; no costs were ordered.

Source reference: paras. 3–4
CAT - ['Ernakulam']

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Sheela SvsEXTERNAL AFFAIRS

CAT - ['Ernakulam'] · October 08, 2026

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