Competent authority can take note of employee’s retirement before transfer: CAT

Srinagar, Jun 22: The Central Administrative Tribunal (CAT) in Srinagar has held that the competent authority could take note of the date of superannuation of an employee before issuing an order of transfer particularly when the employee is at the fag- end of his or her career.

A bench of M S Latief, Member (Judicial) said this while deciding a plea by a 59-year- old executive engineer, Syed Farhat Hussain, who is aggrieved by his frequent transfers within a short period of time. The aggrieved officer through his counsel, M Ashraf Wani relied on a decision wherein a division bench of a High court has said, “When an employee is nearing his superannuation, the competent authority has to post him nearer to his hometown where he can easily process his pension papers”.

Frequent and unscheduled transfers are counterproductive, as a transfer is to be made in the administrative and public interest, the counsel argued. Observing that in a situation where an employee’s difficulties are legitimate and required an intervention, the tribunal said the competent authority being first responder could consider the issue.

“When the difficulties of an employee are legitimate and where intervention of the competent authority is bonafidely required. In such a situation, the competent authority is not powerless to consider the issue and for that purpose, the competent authority is the first responder”, the tribunal said.

“It is for the competent authority to weigh the related convenience and inconvenience, however, not only in the larger interests of the public and the administration but also keeping in view the individual interest of the employee as well”.

Hussain had petitioned the tribunal seeking its intervention for quashing his transfer order on the grounds that the same was “arbitrarily and violating transfer policy”.

His contention was that he is a member of the Gazetted Engineering Services and by virtue of Govt Order No. 56-JK (TSM) of 2023 dated 27.04.2023, he was posted in Tosamaidan Development Authority with additional charge of Executive Engineer Doodhpathri Development Authority. He, vide Government order dated 18.08.2023, was transferred from the Tourism Department and posted to R&B Division, Thathri Kishtwar, according to his plea. Again vide Govt. Order No. 81-PW (R&B) of 2024 dated 15.03.2024, he was transferred to JKERA.

The officer said that he submitted his joining report before the Chief Executive Officer, JKERA in pursuance to the order dated March 15, 2024 and he was discharging his duties at JKERA when yet again another Order No. 164-PW (R&B) of 2025 dated 20.05.2025 was issued transferring him from JKERA to the Department of Rural Development and Panchayati Raj for further posting.

He assailed the transfer order bearing government order No. 186-JK (RD&PR) of 2025 dated June 11, 2025 among others on the ground that the same was arbitrary and against the transfer policy and was issued at the fag-end of his service career.

For the government, Syed Musaib, DAG, submitted that transfer is an exigency of service and it is always the domain of the employer to utilize services of an employee. After hearing the tribunal relied on a judgment of Rajasthan High Court, wherein the court has reaffirmed that “the competent authority can take note of the date of superannuation of an employee before issuing an order of transfer particularly when the employee is at the fag end of his career”.

“Prima facie what appears from the pleadings and the orders of transfer issued by the respondent department from time to time is that the impugned order of transfer is a frequent and unscheduled transfer order particularly when the applicant is at the fag end of his career,” the tribunal said.

It noted that the order impugned had neither been passed in administrative interest nor in public interest. While the tribunal observed that Hussain is superannuating within one year, it said: “What is expected of the competent authority is to favourably consider and decide the representation of the applicant on its merits”.

The tribunal asked the authorities to consider and decide the representation filed by Hussain within two weeks. For the two weeks, the impugned order as it relates to the applicant ( Hussain) shall not be given effect to, it said.