Sanjay Kumar Sharma vs DEFENCE on 14 October 2026

1. The Union of Indi Government of India Defence Estates Ra Ulaanbaatar Marg, New

2. The Director General, Defence, Government Bhawan, Ulaanbaatar M

3. The Deputy Director Ministry of Defence, G Sampada Bhawan, Ula Pin- 110010.

4. The Principal Director, Defence, Central Comm Lucknow, Pin- 226002.

5. The Defence Estates Of Patna, Pin -801503. dvocate(s) :- Shri T.N. Tha

ATIVE TRIBUNAL H, PATNA

M CHANDRA, MEMBER (A) Reserved on 01.10.2026 Pronounced on 14.10.2026 aged about 55 years, Gender adadhar Sharma, Resident of ur Adda, P.S. Laheri, District- arif, Bihar. Post of J.T.O. e Estates, Defence Estate ……..Applicant Kumar US. ia, Ministry of Defence, through Director General, aksha Sampada Bhawan, w Delhi, Pin- 110010. Defence Estates, Ministry of of India, Raksha Sampada Marg, New Delhi, Pin- 110010. (Admin) Defence Estates, Government of India, Raksha aanbaatar Marg, New Delhi, ,Defence Estates, Ministry of mand, Lucknow Cantonment, fficer, J & B Circle, Danapur, ……..Respondents akur, ld.Sr. CGSC

r f - . e t , , , f a

, a , f , , s

Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

PER : Section follow A A p

2. delinea

O R D

:KUMAR RAJESH CHAND This Original Application has be n 19 of the Administrative Tr wing relief(s) :- "8.1 set aside the part office order v Tech / Non-Tech / 2026 /A (FMS: Respondent No. 3 on behalf of Resp Applicant has been directed to be Eastern Command, Kolkata, Vice M Defence Estates Office, Danapur, Pa so not sustainable in the eyes of law Applicant to continue his service as the sake of brevity) at Defence Estates

8.2 Issue a writ in the nature permit the applicant to work in th Estates Office, Danapur, Patna.

8.3 Issue a writ in the nature of M restrained to relieve the Petitioner fro 8.4 Any other writ or direction as in the circumstances of the case." The brief facts of the case, as ated as follows :-

2.1. The applicant was appoin (Non-Gazetted) in the Defenc appointment letter dated 25.0 06.06.2001 at the office of Pathankot Circle, Pathankot. Th for about 15 years. During his Junior Hindi Translator, he als related matters concerning Defe him, resulted in effective ha protection of Government intere

E R DRA, MEMBER (A) : een filed by the applicant Under ribunal Act 1985, seeking the vide F. No. 102/194/ADM/DE (28) / 83701) dated 15.05.2026 passed by pondent No. 2 to the effect that the transferred and posted to Dte. DE, Ms. Aradhana Shaw transferred from atna as this order is target based and w and for the further direction to the Junior Translation Officer (JTO for s Office, Danapur, Patna. of Mandamus with the direction to e present place of posting Defence Mandamus Respondents may kindly be om the present working place. s this Hon'ble Tribunal may deem fit per the OA, are discussed and nted as Junior Hindi Translator ce Estates Service pursuant to 5.2001 and joined service on the Defence Estates Officer, he applicant served at Pathankot tenure, apart from his duties as o assisted in liaison and court- ence Estates, which, according to andling of various cases and ests. r e / y e

m d e r o e e t d r o n , t s - o d Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

2.2 The applicant vide 08.01.2015, was transferred fr Estates Office, Jharkhand, Odis Patna, on spouse grounds. He jo posting Danapur on 02.02.2015 duties at Danapur. 2.3 The Directorate General dated 12.06.2025 published Translation Officers (JTO) as applicant was placed at Seria Director General Defenc 15.05.2026, transferred nine including the applicant. The a Defence Estates Office, Danap Command, Kolkata, against the 2.4 Being aggrieved by the t a representation dated 19.05. seeking cancellation of the tran served earlier about 15 years a and his previous transfer from spouse grounds as his wife is s Bihar and is presently posted applicant has also taken educat medical condition and depen residing with the family for canc 2.5 The Defence Estates O forwarded the applicant's rep authority and recommended However, the competent author 04.06.2026, rejected the applica compliance with the transfer/p Thereafter, the Defence Estates issued a relieving order dated transfer/posting order dated rom Pathankot to the Defence sha and Bihar Circle, Danapur, oined at his transferred place of 5 and continued to discharge his l Defence Estates vide letter the seniority list of Junior s on 01.05.2025, wherein the al No. 7. Subsequently, the e Estates, vide order dated Junior Translation Officers, applicant was transferred from ur, to Defence Estates, Eastern post of Ms. Aradhana Shaw. transfer, the applicant submitted 2026 through proper channel nsfer order stating that he has at the hard station of Pathankot m Pathankot to Danapur was on erving under the Government of at Bihar Sharif, Nalanda. The tion ground of his son and the ndency of his mother-in-law cellation of his transfer order. Officer, J&B Circle, Danapur, presentation to the competent consideration of his case. rity, vide communication dated ant's representation and directed posting order dated 15.05.2026. s Officer, J&B Circle, Danapur, 19.06.2026. It is submission of d e , f s r r e e d , m n d l s t n f e e w , t . d d . , f Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

3. where Junior Transf transfe Circle, eleven right t order public organi functio DGDE 08.05.2 transfe so requ remain was du reason consid admini the applicant that his wife, Smt Lady Supervisor in the CDP Government of Bihar and his s passed the Intermediate/12th e stage of seeking admission to a son, Sharad Bhanu, is pursuing parental guidance. Therefore, dated 15.05.2026 and the reje arbitrary, discriminatory, and departmental norms, hence the O Per contra, respondents have in it has been stated that the a Translation Officer, which is tr fer Liability under his service er policy. The applicant joined , Danapur on 02.02.2015 and n years. Such prolonged stay d to remain at the same station. dated 15.05.2026 was issued c interest and administrative zational requirements, vacanci onal requirements of the Defe E Transfer Policy dated 2 2019, has empowered the c er/posting whenever administrat uires. The prescribed tenure does n posted at a particular station. T uly considered by the competent ned and speaking order dat dered the personal grounds raised istrative requirements of the Org t. Neelam Sharma, is serving as PO Office, Hilsa, under the son, Naman Bhanu, has recently examination and is at a crucial a degree course, while his other g B. Pharmacy and also requires the impugned transfer order ection of his representation is d contrary to the relevant O.A. filed their written statement applicant is holding the post of ransferable and carries All India conditions and the applicable d Defence Estates Office, J&B continued there for more than does not create any enforceable the impugned transfer/posting by the competent authority in exigency, after considering the ies, workload distribution and ence Estates Organisation. The 25.11.2005, as amended on competent authority to order tive exigency or public interest s not confer an absolute right to The representation of applicant t authority and was rejected by a ted 04.06.2026. The authority d by the applicant as well as the ganization. s e y l r s r s t t f a e B n e g n e d e n r t o t a y e Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

4. record

5. 15.05.2 transfe applica

6. unless provisi legal p which The le means in the accept about t

7. Sinc eleven premat place o

8. So Tribun respon fact t Interm pursuin

9. So transfe eleven continu neighb Patna w

I have heard the parties, peru d and considered the matter in its The only issue in this matter is 2026 is arbitrary, discriminator er policy and whether the person ant confer upon him a legal right It is well settled that transfer is the transfer order is shown ion, the officer who signed the tr power or jurisdiction to do so has been issued with malicious egal construction of the transfe negation of requirement of any interest of organization; and the ted this reality upon joining hi the condition of transfer. ce the applicant has already sta n years; he cannot claim that his turely or after having served for of posting. far as the ground of children nal does not find any reason to in ndents that has been taken after that his son, Naman Bhan mediate/12th examination while h ng B. Pharmacy. far as spouse ground is conc erred on this ground to Danapur n years cannot claim to have ac ue at this place for ever. More bouring district of Nalanda and where his place of posting (Dan used the materials available on entirety. whether the transfer order dated ry or contrary to the applicable nal circumstances pleaded by the t to continue at Danapur. ordinarily an incident of service to be contrary to a statutory ransfer order did not possess the or on the ground of malafide s intent to harass the employee. er being an incident of service y consent of the employee if it is e employee is supposed to have is service with this knowledge ayed at Danapur for more than s transfer order has been issued r a short duration at his present ’s education is concerned, this nterfere with the decision of the giving due consideration to this nu, has already passed the his other son, Sharad Bhanu, is cerned, an employee who was r and stayed there for more than cquired an indefeasible right to eover, his wife is posted in the not even in the same district of napur) falls. n d e e e y e e

e s e e n d t s e s e s s n o e f Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

10. Th accord nothin similar discrim

11. transfe statuto mala f warran circum been c of the enforc ground Applic

12. merit.

13. No

Mks he applicant has tried to draw ded to a co-employee namely ng on record to demonstrate tha r factual foundation and the res minatory manner. Thus, the applicant has failed er and posting order dated 1 ory provision, issued by an inc fides, discriminatory in law, or nting interference by this mstances/compassion pleaded considered by the competent aut principle of natural justice. T eable legal right to continue d is made out for granting the cation. Accordingly, the Original Appli

o order as to costs.

w a parity with the treatment Ms. Aradhana Shaw. There is at the two cases rest on exactly spondents have behaved in any to establish that the impugned 5.05.2026 is contrary to any ompetent authority, vitiated by otherwise arbitrary to an extent s Tribunal. The personal by the applicant have already thority, and there is no violation The applicant does not have an at Danapur. Accordingly, no e reliefs sought in the Original ication is dismissed as devoid of (Kumar Rajesh Chandra) Member (A) t s y y d y y t l y n n o l f

Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA