Transfer Representation Must Be Decided by a Speaking Order Considering the Medical Certificate.

The applicant challenged an order dated 23 June 2026 cancelling his deployment at the Regional Institute of Health and Family Welfare, Nagrota, and directing him to resume duties at PHC Arnas, District Reasi

He relied on a Medical Board certificate dated 28 September 2026 diagnosing Recurring Depressive Disorder and submitted that he was receiving treatment in Jammu and that posting at Arnas would impede his treatment

He also invoked Clause (C) of the transfer policy, contending that he had completed the maximum three-year tenure at PHC Arnas, and referred to earlier representations that had not been acted upon

At the hearing, his counsel stated that the applicant would be satisfied if permitted to make a fresh representation, which the respondents would decide within a stipulated period; the respondents sought time to file a reply

1. Whether the Tribunal should determine the merits of the challenge to the cancellation of the applicant’s deployment and his direction to report to PHC Arnas, or dispose of the application by directing consideration of a fresh representation.

2. Whether the respondents should be directed to consider the applicant’s medical circumstances, supported by the Medical Board certificate, when deciding that representation.

The Tribunal did not apply or determine any substantive statutory provision, precedent, or transfer-policy rule.

The applicant relied on Clause (C) of the transfer policy issued under Government Order No. 210-HME of 2012, which he said provided for a minimum tenure of two years and a maximum tenure of three years on a post; however, the Tribunal did not rule on the interpretation or application of that clause.

The application was disposed of without entering into its merits.

The Tribunal considered that the applicant had sought, at that stage, a direction permitting a fresh representation and requiring the respondents to decide it, while the respondents had requested time to file a reply.

Concluding that no useful purpose would be served by keeping the application pending, the Tribunal chose not to adjudicate the transfer-policy contention or the underlying challenge.

It instead directed the respondents to consider the fresh representation, expressly taking into account the Medical Board certificate.

It directed the applicant to submit a fresh representation within one week of receiving a certified copy of the order, and the respondents to decide it by a reasoned and speaking order within one week of receipt, keeping the Medical Board certificate dated 28 September 2026 in view; a copy of the order was to be communicated to the applicant.

No order as to costs was made.