Transfer and relieving orders must be kept in abeyance pending disposal of a disabled employee's representation against punitive relocation.

The applicant, a Deputy Tahsildar with a 44.95% bilateral hearing disability (benchmark disability), challenged a transfer order dated 23.02.2026 transferring him from Puducherry to Mahe (650 km away) and a subsequent relieving order dated 21.04.2026

The applicant alleged the transfer was punitive and retaliatory, as he had successfully litigated for notional promotion in O.A. No. 118 of 2022 and had initiated contempt proceedings (C.P. No. 126/2025) against the respondents for non-compliance

Despite being on sanctioned medical leave and having submitted a representation on 26.02.2026 highlighting his disability and role as a sole caregiver for his disabled father, the respondents issued a relieving order without deciding on his representation

1. Whether the transfer and relieving orders were arbitrary and passed without considering the applicant’s statutory protections as a person with benchmark disability

2. Whether the respondents are obligated to dispose of the applicant’s pending representation before giving effect to the transfer

The court considered the protections under the Rights of Persons with Disabilities Act, 2016, and associated government guidelines that restrict the transfer of persons with benchmark disabilities

It further applied the administrative principle of "speaking orders," requiring authorities to pass well-reasoned decisions when considering employee representations against grievances

The Tribunal did not delve into the merits of the transfer's legality at this stage

However, it noted that the applicant had submitted a representation on 26.02.2026 seeking a change of posting within Puducherry District based on his disability and family circumstances, yet the respondents issued a relieving order on 21.04.2026 without first addressing said representation

To meet the ends of justice, the Tribunal found it necessary for the competent authority to evaluate the applicant's specific grievances—particularly regarding his 44.95% hearing loss and caregiver status—before executing the transfer to a location 650 km away

Crucially, the Tribunal ordered that the relieving order dated 21.04.2026 be kept in abeyance until the representation is decided, effectively retaining the applicant at his current post for the interim period