Transfer of Government Employee Within Two Years of Superannuation Stayed Pending Consideration of Representation.

The petitioner, a teacher at Govt. Middle School Prithvipura, challenged a transfer order dated 30.06.2026, which moved her to Govt. Middle School Jakhmoli, approximately 40 KM away

The petitioner, aged 60, argued she is due to retire on 31.07.2027 and suffers from medical issues

She sought a direction for the respondents to decide her representation in light of her nearing superannuation and personal hardships, citing a similar precedent in Natthu Singh Yadav v. State of M.P.

1. Whether a transfer order can be subjected to judicial review in the absence of mala fides or arbitrary exercise of power

2. Whether the proximity of retirement (within 12 to 24 months) creates a procedural requirement for the employer to reconsider a transfer order to ensure timely processing of pension papers

The court observed that transfer is an incident of service and not a vested right under Articles 14 and 16 of the Constitution of India

Rules 49(1), 57, and 59 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, which mandate that Heads of Departments prepare a list of employees due to retire within 24 to 30 months and initiate pension papers two years prior to superannuation to avoid delays and interest liabilities

The Court noted that while the employer is the best judge of workforce organization, judicial review is permissible if the action is arbitrary

In this instance, the Court highlighted that the petitioner is within approximately 13 months of retirement. Applying the statutory requirements of the Pension Rules, 1976, the Court reasoned that transferring an employee at the "verge of retirement" creates the possibility of delaying pension paper preparation, which the State is legally obligated to complete well in advance

Consequently, the Court found the petitioner’s request for a time-bound representation reasonable to prevent undue hardship and ensure compliance with pension processing timelines

It ordered the petitioner to submit a fresh representation within one week; directed the respondents to decide said representation via a reasoned order within three weeks; and stayed the operation of the transfer order (Annexure P-1) regarding the petitioner until a decision is reached, allowing her to continue at her present posting