Transfer Orders Rejected Stereotypically Require Reconsideration with Speaking Order.

The applicant, Smt. Sudipta Ganguly Mallick, aged 56, an Upper Division Clerk at the Patent Office Kolkata, was transferred from Kolkata to Chennai via an order dated 26.12.2025

She subsequently filed a representation on 02.01.2026, citing her 72-year-old husband's health condition

This representation was rejected through a common, non-speaking order dated 17.02.2026 (Annexure A-5)

The applicant contended that other similarly situated individuals had their medical grounds considered in an order dated 20.01.2026, implying discrimination and that her rejection was cryptic and non-speaking

As of the hearing date, the applicant had not been relieved from her post

1. Whether the rejection of the applicant's representation against her transfer order was non-speaking, cryptic, and discriminatory in nature

2. Whether the court should direct the respondents to reconsider the applicant's case and pass a reasoned order, while maintaining the status quo on her transfer

The court's decision was based on principles of natural justice, specifically the requirement for administrative authorities to provide reasoned orders when rejecting representations, and to avoid discriminatory treatment

The implied rule is that administrative actions, especially those affecting an employee's service conditions like transfers, should be subject to reconsideration upon valid grounds and communicated through a speaking order

The court found that the respondents had "simply rejected the representation of the applicant in a stereotype manner"

This lack of a specific or reasoned explanation for rejecting the applicant's medical grounds, especially when compared to other cases where similar grounds were considered, rendered the rejection order "non-speaking" and potentially "discriminatory"

Given that the applicant had not yet been relieved of her duties, the court deemed it just to direct a reconsideration of her case, emphasizing the need for a "reasoned and speaking order"

This approach ensures that the administrative process is fair and transparent, aligning with the principles of natural justice that demand reasons for administrative decisions affecting individual rights and interests.

The decision taken upon reconsideration must be communicated to the applicant by way of a reasoned and speaking order within four weeks from the date of receipt of the court's order

Crucially, the respondents were directed to maintain the status quo concerning the applicant's transfer until such reconsideration and communication of the decision

The O.A. was disposed of at the admission stage without costs