Er. Vilayat Ali Khan vs Union Territory Of Ladakh & Ors.

O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

Learned counsel for the applicant submits that the present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, challenging Transfer and Posting Order No. 51-LA-PW(R&B) of 2026 dated 30.07.2026, insofar as it relates to the applicant, whereby he has been transferred from the post of Executive Engineer, PMGSY Division, Zanskar (Current Duty Charge), and posted as Executive Engineer, PMGSY Division, Changthang (Current Duty Charge), with additional charge of Executive Engineer, REW Changthang.

**02.**It is submitted that the applicant initially joined the respondent department as a Junior Engineer in the year 2007 and, on account of his meritorious and unblemished service, was promoted as Assistant Engineer in the year 2013 and thereafter as Assistant Executive Engineer on officiating basis in the year 2021. Subsequently, vide order dated 14.02.2024, the applicant, being a qualified degree-holder engineer, was entrusted with the charge of the post of Executive Engineer. Throughout his service career, the applicant has discharged his duties with sincerity, honesty and dedication and has never been subjected to any disciplinary proceedings or adverse remarks.

Learned counsel further submits that, vide Transfer and Posting Order No. 49-LA-PW(R&B) of 2026 dated 13.07.2026, the applicant was transferred and posted as Executive Engineer, PMGSY Division, Zanskar (Current Duty Charge), with additional charge of Executive Engineer, REW Zanskar. In compliance with the said order, the applicant assumed charge on 16.07.2026 and immediately commenced discharging his official duties by taking over the administration of the Division and supervising the ongoing developmental works.

It is further submitted that, before the applicant could complete even a reasonable tenure at the new place of posting, the respondents issued the impugned Transfer and Posting Order No. 51-LA-PW(R&B) of 2026 dated 30.07.2026, whereby the applicant was again transferred to PMGSY Division, Changthang, barely seventeen days after the earlier transfer order and about two weeks after assuming charge. According to the applicant, the impugned transfer order neither discloses any administrative exigency, public interest, complaint or deficiency in performance nor any supervening circumstance warranting such an abrupt review of the earlier decision. It is contended that no reasons whatsoever have been assigned for disturbing the applicant within such an extraordinarily short span of time and, therefore, the impugned action is arbitrary, irrational and reflective of non-application of mind.

Learned counsel further submits that the impugned transfer is also contrary to the Policy for Transfer/Posting of Employees of the Administration of the Union Territory of Ladakh, which governs transfers of employees in the Union Territory. In particular, reliance is placed upon Clauses III(1) and III(3) thereof, which read as under:

It is contended that the applicant has been transferred within a period of about seventeen days of his earlier posting without any disclosed administrative exigency or public interest. Learned counsel submits that, as per Clause III(1) of the Transfer Policy, the minimum tenure on a post is two years and the maximum tenure is three years. It is further submitted that Clause III(3) permits premature transfers only in unavoidable circumstances and in the interest of the Administration. According to learned counsel, the impugned transfer order does not indicate any unavoidable circumstances or administrative exigency which necessitated the applicant's premature transfer.

**07.**It is further submitted that the impugned order has been issued in a selective and discriminatory manner. While eighteen Executive Engineers were transferred under the earlier order dated 13.07.2026, only three officers, including the applicant, have again been transferred under the subsequent order dated 30.07.2026, whereas the remaining officers have been permitted to continue at their respective places of posting. According to the applicant, such selective treatment, without any disclosed administrative necessity, reflects a pick-and-choose approach adopted to accommodate favoured officers, thereby vitiating the impugned order on account of malice in law and colourable exercise of power.

**08.**It is also submitted that immediately after issuance of the impugned order, the applicant submitted a detailed representation dated 31.07.2026 seeking reconsideration of the transfer. However, despite raising substantial grievances, the respondents have neither considered nor decided the said representation nor disclosed any justification for the impugned transfer. It is submitted that the repeated transfer of the applicant within a span of merely seventeen days, without any unavoidable administrative necessity or public interest, has caused serious prejudice to him and has adversely affected the continuity of administration and execution of developmental works. The impugned action is, therefore, alleged to be arbitrary, unreasonable, discriminatory and violative of Articles 14 and 16 of the Constitution of India, besides being contrary to the settled principles governing transfers in public service.

However, after arguing the matter for some time, learned counsel for the applicant submits that the ends of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the claims and assertions made therein, together with the documents annexed thereto, strictly in accordance with law within a stipulated period.

Ms. Humaira Jan, learned counsel appearing along with Mr. T. M. Shamsi, learned Deputy Solicitor General of India, pursuant to the advance notice served by learned counsel for the applicant, submits that the respondents have no objection if the present Original Application is disposed of with appropriate directions, without prejudice to their rights and contentions.

Heard learned counsel for the parties and perused the record.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered view that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer now made by learned counsel for the applicant.

Accordingly, in view of the limited prayer made by learned counsel for the applicant and without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider and decide the claims and assertions made therein, together with the documents annexed thereto, by passing a detailed, reasoned and speaking order, strictly in accordance with the applicable rules, regulations, the Policy for Transfer/Posting of Employees of the Administration of the Union Territory of Ladakh dated 31.07.2020, and the law governing the field, within a period of three weeks from the date a certified copy of this order is served upon them, subject to there being no legal impediment in doing so.

Till such consideration is undertaken and a decision is taken by the competent authority, Transfer and Posting Order No. 51-LA-PW(R&B) of 2026 dated 30.07.2026, insofar as it pertains to the applicant, shall not be acted upon by the respondents.

With the aforesaid directions, the Original Application, along with all connected miscellaneous applications, if any, shall stand disposed of.

No order as to costs.

Registry shall consign the file to the Record Room after due compliance.