The court directed the respondents to decide the applicant's grievance regarding a transfer order—which allegedly violated a circular protecting Census Officers from transfer—by passing a reasoned and speaking order, while staying coercive action until such decision.

O R D E R

(Per:- Pragya Sahay Saksena, Administrative Member)

Mr. Sumit Moza, learned counsel for the applicant submitted that the applicant is aggrieved of Government Order bearing No. 279- PW (R&B) of 2026 dated 31.07.2026 (impugned order) issued by Respondent No. 1 whereby the applicant amongst others has been transferred from the office of respondent No. 2 to PW (R&B) Circle, Reasi, without any exceptional circumstances

2. As per the learned counsel, the applicant is also looking after the work of Charge Census Officer for Zone IV and the impugned transfer order is contrary to circular bearing No. 09-JK (GAD) of 2026 dated 30.03.2026 (Annexure A/3 to the O.A.), whereby it has been impressed upon all the Administrative Department that the Census Officers for census 2027 shall not be transferred from their place of posting till the completion of census operations i.e. 31.03.2027, except under exceptional circumstances and with prior approval of the Government of Jammu & Kashmir. It is further submitted by learned counsel that, Respondent No. 3 (Commissioner, Municipal Corporation, Jammu) has also issued a communication dated 03.08.2026 to Director Census Operation, J&K and Ladakh UT requesting therein to retain the applicant in Jammu Municipal Corporation for performing the duties of Census Charge Officer.

3. Learned counsel further submitted that the applicant would be satisfied, at this stage, if a direction is issued to the respondents to treat a copy of this O.A. as his representation and decide the same, within a time frame. It has further been prayed that till a decision is taken on his representation, he may be permitted to work at his present place of posting, as applicant has not been relieved.

4. Mr. Hunar Gupta, learned D.A.G. appearing on behalf of the respondents on advance notice submitted that besides the applicant, 95 persons have been transferred in terms of the impugned transfer order, after approval of the Government. He further stated that in place of applicant, one Vikas Pandotra has already joined, as such, no relief can be granted to the applicant.

5. Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of with directions to respondents.

6. Accordingly, this O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondents to treat a copy of this O.A. as representation of the applicant keeping in view communication dated 03.08.2026 (Annexure A/4 to the O.A.) of respondent and decide the same by passing a reasoned and speaking order, within a period of two weeks on receiving the certified copy of this order. A copy of the speaking order shall also be communicated to the applicant. Until a decision is taken on the representation of the applicant, the respondents shall not take any coercive action against the applicant to make him join at his new place of posting.

7. There shall be no orders so as to costs.