Transfer is incident of service, but genuine grievance can’t be dismissed outright: CAT

Srinagar, Dec 14: The Central Administrative Tribunal (CAT) in Srinagar has held that the government servant has no vested right to be posted or retained at a particular place for a fixed period, but genuine grievances arising out of transfer orders cannot be dismissed outright.

Dealing with a related plea, a bench of M S Latif Member (Judl) observed that although transfer is an incident of service, there may be situations where an employee faces real personal hardship.

“In such cases, it is the competent authority that is best placed to assess the grievance, and it must do so by applying its mind to the facts and circumstances of each individual case."

The tribunal underscored that the “authorities are expected to decide representations with an open and balanced approach, weighing public and administrative interest while also safeguarding legitimate and genuine hardships of employees”.

Though transfer guidelines are not statutory or binding, they should, as far as practicable, not be brushed aside casually, the tribunal said.

The tribunal said employees should first ventilate their grievances before the competent authority by way of representation, and if the same fail to yield relief, only then the employee acquires the right to approach the court for redressal of their grievances.

The CAT made these observations while deciding a plea by an employee who had sought to halt her transfer carried out in terms of an order dated September 26 from Srinagar to Baramulla issued by the Director, Defence Labour Procurement Department, UTs of J&K and Ladakh.

The applicant had sought to continue at her present place of posting—Labour Procurement Office, Gund /Srinagar—till her superannuation, enabling her to complete pension formalities.

While disposing of the plea, the CAT directed the employee, who is due to retire in June 2026, to submit a fresh representation before the competent authority.

The Tribunal ordered that the competent authority shall duly consider the representation filed by the employee and pass appropriate orders within two weeks.

“The authority is expected to strike a balance between relative convenience and inconvenience, keeping in view that the petitioner is a female employee, presently posted at Baramulla, is a resident of Barazulla, Srinagar, and is retiring by the end of June 2026," the tribunal said.