Transfer Stayed Pending Committee’s Reasoned Decision on Employee’s Medical Representation

The petitioner, a Sub Engineer posted at Janpad Panchayat, Dharsiwa, challenged a transfer order dated 1 October 2026 posting him to Janpad Panchayat, Lohandiguda, District Bastar.

He relied on his ongoing treatment following a brain haemorrhage in 2025, his wife’s posting in Raipur district, and his 86-year-old mother’s need for care. He stated that he had made a representation to the committee constituted under the State Transfer Policy.

The State submitted that any pending representation would be considered by the Committee under Clause 8 of the Policy.

Whether the petitioner’s representation against his transfer should be considered and decided by the competent Transfer Committee under Clause 8 of the State Transfer Policy, particularly in light of his medical circumstances.

Whether the transfer order should remain operative while that representation is pending consideration.

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

The judgment cited no statute or precedent.

The Court did not determine the merits of the transfer or the petitioner’s entitlement to remain posted at Dharsiwa. Given the medical grievance raised and the State’s submission that a pending representation would be considered, it referred the matter to the competent Committee for a reasoned decision under the Policy, particularly considering the petitioner’s medical condition.

To preserve the position pending that decision, it stayed the transfer order insofar as it concerned the petitioner.

The petitioner was directed to inform the Committee of the pending representation and the Court’s order within five days.

The transfer order remained stayed as to the petitioner until the representation was decided.