Transfer order must remain stayed pending reasoned consideration of the employee’s severe medical condition.

The petitioner, a Sub-Engineer holding charge as Sub-Divisional Officer, challenged a transfer order dated 1 October 2026 insofar as it transferred him from Sitapur, District Surguja, to Bharatpur, District M.C.B.

He submitted that he had undergone a kidney transplant, with his wife as donor, and that both required regular medical care; he sought permission to make a fresh representation to the Transfer Committee under Clause 8 of the State Transfer Policy.

The State agreed that such a representation could be considered in accordance with law.

The Court referred to Clause 8 of the State Transfer Policy, under which the competent Transfer Committee considers transfer-related representations.

It directed that any representation be decided by a reasoned and speaking order, in accordance with law and the applicable policy.

No statute or judicial precedent was cited.

In view of the petitioner’s asserted serious medical condition and the State’s submission that a fresh representation would be considered, the Court granted liberty to approach the competent Transfer Committee rather than adjudicating the transfer’s merits.

It directed the Committee to consider the medical circumstances and decide the representation by a reasoned order, preferably within 30 days.

To preserve the position pending that decision, the Court stayed the operation of the transfer order as it related to the petitioner.

The Committee was directed to decide it by a reasoned and speaking order, preferably within 30 days of submission, and the transfer order was stayed as to the petitioner until that decision.