Judicial review of transfers limited; compassionate grounds not absolute right against administrative exigency.

ORDER

Per:Shri Umesh Gajankush, Member (J)

The present OA has been filed by the applicants seeking the following reliefs:

8(a) This Hon’ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining the same be pleased to quash and set aside the impugned Policy dated 18.12.2024 to the extent of Note 2 Para (A-22) and order dated 21.11.2025 qua the applicant with all consequential benefits.

(b) This Hon’ble Tribunal may further be pleased to direct the respondents since the policy A-22 dated 18.12.2024 is issued, the applicants be allowed to submit his fresh option on the basis of the said policy and the respondents be directed to consider the same as per the said policy dated 18.12.2024.

(c)Cost of the application be provided for.

(d) Any other and further orders as this Hon’ble Tribunal deems fit in the nature and circumstances of the case be passed.”

2. This is the second round of litigation at the instance of the present applicant. Earlier OA No.207/2025 has been filed by the applicant in which the following facts have been recorded by this Tribunal (Relevant paras):

2. It is the case of the applicant that vide Office Order dated 11.03.2024 (Annex-A-2) he has been transferred from SRO-Marol to R.O. Chennai. The aforesaid order was challenged by the applicant along with other employees in joint application i.e. O.A.1146/2024 and vide order dated 05.11.2024, the aforesaid O.A. was partially allowed and the relieving order dated 20.09.2024 was quashed to the extent of the said applicants. Further, the respondents were permitted to pass the relieving orders after March, 2025 to the extent of the applicants.

3. It is submitted that at the time of challenge to the said transfer order the daughter of the applicant was studying in XI Standard for academic year 2024-25. However in academic year 2025-26 she will appear for her XII Standard Board Examination, therefore, representation dated 07.01.2025 (Annex-A-4) was submitted to Respondent No.3 with prayer to allow the applicant to continue at R.O. Mumbai till the end of academic session i.e. upto March, 2026. However, the said representation has not been decided and, therefore, the present O.A. is filed seeking relief as per Para 8 of the O.A.

4. After notice the official respondents have filed their reply and contested the O.A.

5. In Para 6 of the reply, it is categorically stated that the present applicant has straight away approached the Hon'ble C.A.T. without exhausting the alternative remedy. The applicant ought to have first avail the alternative remedy to National Litigation Committee. It is submitted that before the application made by the applicant i.e. dated 09.01.2025 the applicant has rushed to this Hon'ble Tribunal, without adhering to the transfer Scheme dated 18.12.2024. It is further submitted that the said Transfer Policy dated 18.12.2024 is in supersession of all previous policies in the matter, transfer/posting policy on the subject cited above is forwarded herewith for information of all concerned. It is submitted that upon the report of Transfer Grievance Redressal Committee and against the said order, it is the duty of the applicant to approach National Litigation Committee before coming to this Hon'ble Tribunal for ventilating any grievance. The present application is devoid of merits only for the reason that the applicant has to avail first alternative and efficacious remedy at National Litigation Committee. It is further submitted that the applicant should have joined his transferred place of posting and applied for redressal of grievance to National Litigation Committee, and, therefore