Raman Kumar vs Bharat Sanchar Nigam Limited & Ors.

(Per:- Sanjeev Gupta, Judicial Member)

Mr. V Bhushan Gupta, learned 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 respondents have effected his transfer and posting from Jammu & Kashmir Circle to KOL TD (Kolkata), 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. 4, whereby the applicant was relieved from J&K Circle.

As per learned counsel, the applicant was appointed in the Jammu and Kashmir Telecom Circle and has served tenure in the hard stations and is more than 57 Years and 11 Months of age and Clause 11 (K), Section-B of the BSNL Employee Transfer Policy, provides interalia, that up to 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 Transfers. As such, the applicant being covered by the said clause 11(K), Section-B of the said Transfer Policy, could not be transferred at this stage of his service tenure. It has further been stated that mother of the applicant who is an Octogenarian, is also suffering from ailments of heart. Besides, she has undergone operation of hernia which, has made her totally bed ridden and has rendered her incapable to even attend to her day to day needs. It is further stated that transfer order of one similarly situated employee namely Rajesh Khanna, AGM, J&K Circle who was transferred to Karnataka Circle was subsequently cancelled considering his age-related issues. Learned 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 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 a 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. 2 – 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.