Transfer stayed pending committee’s reasoned decision on employee’s medical-hardship representation.

The petitioner, a Sub-Engineer posted at Janpad Panchayat, Bhanupratappur, District Kanker, challenged a transfer order dated 1 October 2026 transferring him to Janpad Panchayat, Konta, District Sukma

He submitted that he had served about eleven years in a Scheduled Area, had not completed three years at Bhanupratappur, and that his ten-month-old daughter had Ventricular Septal Defect (VSD) requiring specialised treatment and follow-up

Relying on the State Transfer Policies dated 3 June 2015 and 5 June 2025, he sought permission to make a fresh representation to the competent Transfer Committee under Clause 8.

The State submitted that such a representation would be considered in accordance with law

1. Whether the petitioner’s challenge to the transfer order should be considered on its merits or addressed through a fresh representation to the competent Transfer Committee under Clause 8 of the State Transfer Policy

2. Whether the operation of the transfer order should remain stayed pending the Committee’s decision on that representation

The Court referred to the State Transfer Policies dated 3 June 2015 and 5 June 2025, and to the competent Transfer Committee constituted under Clause 8 of the State Transfer Policy

It directed that a representation be considered in accordance with law and the applicable policy, by a reasoned and speaking order, with particular attention to the petitioner’s daughter’s severe medical condition

The order does not cite any statute or precedent.

The Court did not determine whether the transfer was invalid under the applicable policy.

In view of the medical circumstances raised and the State’s submission that a fresh representation would be considered, it provided a process for the petitioner to place those circumstances before the competent Committee.

The Committee was directed to assess the representation under the applicable policy and give reasons for its decision

To preserve the position while that process was pending, the Court stayed the operation of the transfer order insofar as it concerned the petitioner

The petitioner was granted ten days to submit a fresh representation to the competent Transfer Committee, which was directed to decide it by a reasoned and speaking order, preferably within thirty days of submission.

The impugned transfer order was stayed, insofar as it related to the petitioner, until the representation was decided