Transfer orders based on administrative discretion cannot be challenged unless violating statutory rules or showing mala fides.

ORDER (ORAL)

As per: Ajay Pratap Singh, Member (Judicial)

PRAYER Applicant is working as Senior Personal Secretary and posted at Institute of Technology Management (ITM), Mussoorie, established by DRDO and seeks direction to the respondents to set aside order dated 22.10.2025, whereby representation dated 01.02.2024 and 12.02.2024 for transfer from ITM Mussoorie to IRDE Dehradun or DEAL, Lab, Dehradun, Uttarakhand has been rejected and also seeking direction to the respondents to consider representation dated 01.02.2024 and 12.02.2024 for posting of the applicant to the same station, Dehradun, where his wife is presently posted as Section Officer in Indian Institute of Petroleum (IIP), Dehradun.

2. Present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief(s):-

“8.1 Quash and set aside the impugned order dated 22.10.2025, being arbitrary, illegal, unreasonable, passed in a mechanical manner without due application of mind, and in gross violation of the settled transfer policy applicable to husband and wife working as Government employees;

8.2 Direct the Respondents to consider and decide the Applicant's representations dated 01.02.2024 and 12.08.2024 for posting/transfer of the Applicant to the same station where his wife is presently posted, strictly in accordance with the applicable transfer policy and settled principles of law, within a stipulated time frame;

8.3 Pass such other and further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.”

FACTS IN BRIEF

3. Briefly stated facts as adumbrated by the applicant in the O.A. are that applicant joined on 24.05.1995 as Personal Assistant, Gr. A and posted at ITM, Mussoorie, till August, 2000. The applicant was transferred from ITM, Mussoorie to IRDE Lab, Dehradun and joined at Dehradun in August, 2000 and continued till 20.11.2023. Applicant was promoted to the post of Senior Personal Secretary (SPS) and after posting at hard station - Mussoorie for period from 1995 to 2000, he has again been posted in Mussoorie, Uttarakhand.

4. Applicant has further made averments in the O.A. that he was relieved on 20.11.2023 from IRDE Lab, Dehradun to ITM, Mussoorie and joined on 22.12.2023 at Mussoorie, Uttarakhand and till date he is continuously working at ITM, Mussoorie. Applicant has submitted representations dated 01.02.2024 and 12.02.2024 and this Tribunal vide dated 25.09.2025 in O.A./3702/2025, directed respondents to consider the pending representation by passing a reasoned and speaking order and respondents have rejected the said representations vide impugned order dated 22.10.2025, denying the claim of the applicant for posting at the same station on spouse ground.

SUBMISSIONS

5. Learned counsel appearing for the applicant contended and can be summarized as under:-

(i) That applicant has already completed posting at hard station, Mussoorie from 1995 to 2000 and wife of the applicant is working on the post of Section Officer in IIP, Dehradun and applicant is entitled for posting at Dehradun in light of DoP&T OM dated 30.09.2009 as wife of the applicant is working at IIP Dehradun.

(ii) The applicant is the only male member in the family and old aged mother and two daughters are residing at Dehradun to mitigate the hardships and maintain family life, applicant be posted at Dehradun.

(iii) Respondents have already considered the case of other officials for posting at same station and applicant has been discriminated.

(iv) The respondents are acti