Asha Chaudhary Malhotra vs Union Of India & Ors.

Ms. Harvinder Kaur Oberoi, Member (J)

The present Original Application is taken up and, with the consent of learned counsel for the parties, is disposed of at the admission stage by treating the OA as a representation.

The applicant has challenged the transfer order dated 14.04.2026 and the relieving order dated 17.04.2026. It is submitted that the applicant was granted only two days’ time after issuance of the transfer order and did not have adequate opportunity to submit a proper representation. A representation dated 15.04.2026 is stated to have been submitted, which has not yet been considered.

In view of the above, and without going into the merits of the case, Respondent No. 2 is directed to consider and decide the representation of the applicant by passing a reasoned and speaking order within a period of three weeks from the date of receipt of a certified copy of this order.

It is noted that the applicant already stands relieved. However, the respondents shall not insist upon the applicant joining at the transferred place for a period of three weeks or till the decision on the representation, whichever is earlier.

While deciding the representation, the respondents shall take into consideration the applicable transfer policy/guidelines and new education policy, including:

^ Provisions relating to children studying in Classes IX to XII, being crucial academic years; ^ Any guidelines regarding mid-academic session transfers, particularly where it may adversely affect the education of school-going children; ^ Relevant spouse/family hardship grounds, if applicable; ^ The requirement of minimum tenure at the present station, if any, under the policy.

The OA stands disposed of in the above terms. No order as to costs. Pending MA’s, if any, also stand disposed of.

(Sumeet Jerath) (Harvinder Kaur Oberoi) Member (A) Member (J)