Manish Kumar, P.No.23532669A vs Union Of India & Ors

Rajnish Kumar Rai, Member J

Shri L.M. Singh assisted by Shri Neeraj Kumar, counsel for the applicant and Shri Chakrapani Vatsyayan, counsel for the respondents are present and heard.

Counsel for the applicant submitted that the applicant is posted as a Tradesman Mate under the respondents' department and vide impugned transfer cum posting order dated 14.02.2026 and movement order dated 30.04.2026, the applicant has been transferred Ordnance Depot, Prayagraj to 118 (I) Inf Bde Gp OMC, C/o 56 APO Ordnance Maintenance Company located in Leh-Ladakh. Counsel for the applicant submitted that the applicant was initially appointed on compassionate ground, after the sad demise of his father Salik Ram, as Tradesman Mate/M.T.S. cadre on 06.02.2021. Counsel for the applicant submitted that since the applicant was appointed on compassionate ground he is under obligation to look after his widow mother A/a 65 years old and unmarried sisters who are residing at Prayagraj. The applicant's counsel submitted that looking into the family circumstances after the demise of his father, the applicant has moved one application dated 28.03.2026 for mutual transfer with one Shri Naresh Kumar, however, same has not been considered by the respondents and meanwhile the applicant has been transferred on the ground of turnover posting and movement order has also been issued. Counsel for the applicant submitted that in identical circumstances, the respondents have considered the case of one Shri Pradeep Singh Yadav for mutual transfer. by the impugned transfer order dated 06.12.2025, the applicant has been transferred from the post of Junior Administrative Assistant working under the CWE Mathura to Garrison Engineer, AF, Phalodi on the ground tenure turn over by the Office of the Chief Engineer, South Western Command. He further submitted that after getting the knowledge of impugned transfer order, the applicant after consulting with the dependent family members, has moved an application/representation dated 19.12.2025 through proper channel and the said representation was forwarded by the Headquarters Chief Engineer on 05.01.2026. Counsel for the applicant submitted that while passing the impugned speaking order, there is no whisper about any representation so preferred by the applicant, however, grounds are taken in the speaking order that 'you have not reported for duty which is a violation of service rules' and therefore, the applicant was directed to move a representation within 15 days with subsequent direction to join the transferred place by 05th May 2026 otherwise disciplinary action will be initiated. Counsel for the applicant submitted that the applicant has relied upon the transfer policy (annexure A-3). However, in the instant case the applicant who was appointed in the year 2021 on compassionate ground is looking towards his widowed mother and other family members, has not been considered. Therefore, he moved another representation dated 28.04.2026 to the HQ Engineer-in-Chief's Branch, M.E.S., which is pending for consideration.

Learned counsel for the respondents submitted that the transfer is an exigency of service and as per terms and conditions of the appointment letter, the applicant can be transferred to anywhere in India, therefore, there is nothing wrong in the transfer and movement orders. He further seeks time to get instruction from the respondents.

Considering the submission of counsel for the parties and after taking into account the transfer policy issued in 2025, I am of the view that the turnover posting of the applicant is to be considered by the respondents' authority sympathetically looking into the family circumstances and the grounds stated in the representation. Hence, the O.A. stands disposed of at the admission stage itself with direction to competent authority amongst the respondents/respondent No. 3 to consider the grievance of the applicant for mutual transfer with Shri Naresh Kumar, as mentioned in his representations dated 28.03.2026, by passing a reasoned and speaking order taking into note of aforesaid observation and transfer policy issued in 2025 within a period of eight weeks from the date of receipt of a certified copy of this Order. Till the representation is decided, the impugned transfer order dated 14.02.2026 qua applicant and movement order dated 30.04.2026 in respect of applicant shall remain stayed. The decision so taken on the representation of applicant shall be intimated to him forthwith. It is made clear that this Tribunal has not gone into the merits of case. No order as to cost.