Transfer of employees near superannuation must adhere to policy guidelines for convenient posting and civil service regulations.

The applicant, an Executive Engineer aged 59, challenged Government Order No. 67-PW(R) of 2026 dated 24.02.2026.

This order transferred the applicant from his posting at Public Works (R) Division, Khour, District Jammu, to the post of Incharge Executive Engineer at Baba Ghulam Shah Badshah University, Rajouri.

The applicant is scheduled to superannuate in June 2027.

He contended that as he is at the "fag end" of his service, the transfer violates established policy regarding the posting of employees nearing retirement to facilitate pension formalities.

The applicant sought to quash the transfer order and complete his two-year tenure at his current station.

1. Whether the impugned transfer order dated 24.02.2026 is sustainable in light of the Transfer Policy for employees nearing superannuation and Article 284 of the JK Civil Service Regulations.

2. Whether the applicant is entitled to remain at his current place of posting or a location near his place of final settlement to facilitate retirement formalities.

The Tribunal considered the Transfer Policy provisions which stipulate that employees nearing retirement shall be posted conveniently to facilitate the preparation of pension papers and the completion of service formalities.

It further applied Article 284 of the JK Civil Service Regulations, which provides guidelines for the treatment of civil servants at the verge of retirement.

The matter was adjudicated under Section 19 of the Administrative Tribunals Act, 1985.

The applicant argued that the respondents failed to consider his proximity to retirement (June 2027) when issuing the transfer order.

The Tribunal noted that under the relevant Transfer Policy, employees at the end of their careers should be posted near their place of final settlement.

The Tribunal found merit in the submission that Article 284 of the JK Civil Service Regulations should have been factored into the administrative decision.

It observed that the officer replacing the applicant at Khour held only "additional charge," suggesting that no significant administrative disruption would occur if the applicant remained.

Rather than quashing the order outright, the Tribunal determined that the appropriate remedy was to mandate an administrative review of the transfer in light of the specific retirement-related regulations.

The respondents must decide whether to allow the applicant to complete his two-year tenure at Khour or provide an alternative posting near his place of final settlement, strictly adhering to the Transfer Policy and Article 284 of the JK Civil Service Regulations.

This exercise must be completed within six weeks.

Crucially, the Tribunal ordered that the applicant be permitted to continue at his present place of posting in Khour pending the outcome of this reconsideration.