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Judgment
(Per:- Sanjeev Gupta, Judicial Member)
Mr. Amit Gupta, learned Sr. Counsel for the applicant submitted that the applicant is aggrieved of transfer order bearing No. BSNLCO-PETS/12(11)/I/2025-PERS1 dated 09.05.2026, to the extent Respondent No. 4 has effected his transfer and posting from Jammu & Kashmir Circle to Haryana Circle, as the same has been passed in contravention to Clause 11(k) of BSNL’s employees Transfer Policy. The applicant is also aggrieved of order issued vide File No. JKCO-41/11/(23)/5/2022-Admin-JK CO dated 02.09.2026 issued by Respondent No. 7, whereby the applicant has been directed to be relieved from the office of Chief Engineer (Civil )BSNL, J&K, Civil Zone, Jammu.
As per learned Sr. Counsel, Clause 11 (k) of BSNL’s employees Transfer Policy provides that transfer of officers upto JAG level who are more than 55 years of age, as on 31st March of that particular financial year, would be avoided for posting to hard tenure stations. Similarly, transfer of officers upto SAG grade would generally be avoided in case of more than 58 years of age. However, upto STS level, transfer of officers involving change of station would normally be avoided after 56 years for inter circle transfers and after 57 years for intra circle transfer. It is further submitted by learned Sr. Counsel that in the present case, the date of birth of the applicant is 04.05.1970 and the particular financial year is to be taken as 2026-2027, in that case the applicant is 56 years 4 months. Hence, in terms of Clause 11(k) of the Transfer Policy, the applicant could not have been transferred outside circle. It has further been stated that transfer order of two employees namely Murali V and Upendra Prasad Yadav, who were transferred vide order dated 02.05.2025 was rescinded vide order dated 30.06.2025. Learned Sr. counsel prays for interim relief that the operation of impugned transfer and relieving order be stayed.
Mr. Ankesh Chandel, Advocate appearing on behalf of the respondents on advance notice, submitted that applicant has already been relieved vide order dated 02.09.2026 and new incumbent has joined in his place, as such, the applicant is not entitled to any interim relief.
At this stage, learned Sr. Counsel for the applicant submitted, 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 time frame and till such time, the applicant may be protected.
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.
Accordingly, this O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondent No. 3 – Principal General Manager (Personnel), BSNL Corporate Office, New Delhi to treat a copy of this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order, within a period of three week’s from the date of receipt of a certified copy of this order. A copy of the speaking order shall also be communicated to the applicant.
Till then, no coercive action be taken against the applicant to make him join at his new place of posting.
There shall be no orders so as to costs.