JASHEENA BEEGUM A C vs UT OF LAKSHADWEEP on 29 October 2026

1. Union Territory of Lakshadweep represented by the Administrator, U.T of Lakshadweep, P.O Kavaratti – 682 555.

2. Secretary (Services), U.T of Lakshadweep, P.O Kavaratti, Pin 682 555.

3. Special Secretary (Services), U.T of Lakshadweep, P.O Kavaratti, Pin 682 555.

4. Secretary, Public Works Department, P.O Kavaratti, Pin 682 555.

5. Deputy Collector, U.T of Lakshadweep, P.O Amini, Pin 682 552.

6. Executive Engineer, LPWD Division Office, P.O Amini, Pin 682 552.

7. Secretary, Department of Expenditure, Ministry of Finance, Kartavya Bhawan-I, New Delhi – 110 001.

-Respondents [By Advocates : Mr. P. Sreekumar, ASG and Mr. K.S. Prenjith Kumar] The Original Application having been heard on 29.10.2026, the Tribunal on the same day delivered the following:

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O R D E R (Oral):- Per: Justice Sunil Thomas, Judicial Member The applicant has approached this Tribunal challenging Annexure A1 order by which, she along with 423 persons have been transferred as a part of implementation of administrative reforms for rationalization of administrative structure and redeployment of common cadre. We take note that such a rationalization process is adopted and implemented pursuant to Annexure A2 order by which a detailed exercise was undertaken for effecting rationalization. The applicant who is now posted at Amini has been accordingly ordered to be transferred to Agatti.

2. Few grounds have been projected by the learned Counsel for the applicant including that the applicant has not completed the minimum tenure, approval of the Administrator has not been obtained and that the transfer is in the midst of the academic year. Having heard Mr. P. Sreekumar, learned ASG, who vehemently opposed the relief sought in the Original Application especially granting of interim relief and perused Annexure A2, we prima facie feel that on a broader principle, the Annexure A1 cannot be assailed. This is specifically for the reason that the Hon'ble

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High Court of Kerala in State of Kerala v. Kerala Revenue Department Staff Association KRDSA [2026 KLT OnLine 1894] has specifically considered the question of challenge to transfers and granting of interim orders. It has been laid down by the Division Bench that an order of transfer cannot be subjected to judicial interference by the Courts or Tribunals, as a matter of routine, unless the order of transfer is shown to be the outcome of mala fide exercise of power or issued in violation of the statutory provisions. On that broader principle, we are not impressed by the above grounds, projected in Annexure A5 representation submitted by the applicant.

3. However, our attention has been drawn to a factual aspect that needs consideration. The husband of the applicant is serving at IRBn and presently posted at Silvassa. Her son is a student of Class XI under the CBSE. Obviously, we take note of the fact that her husband is away, her son is studying in Class XI and also that 75 years old mother who is suffering from age related health problems who requires her attention, are factors which need to be considered compassionately by the authority.

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4. Having considered this fact alone, we are inclined to dispose of the Original Application itself at threshold by the directing the competent authority among the respondents to consider Annexure A5 representation on the above ground and pass orders as expeditiously as possible, within a period of two weeks from the date of receipt of copy of this order. The applicant shall not be displaced till passing of order on Annexure A5 representation. The O.A is disposed of as above. No costs. (Dated, this the 29th day of October, 2026)

V. RAMA MATHEW JUSTICE SUNIL THOMAS ADMINISTRATIVE MEMBER JUDICIAL MEMBER v

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List of Annexures Annexure A1- True copy of the impugned transfer order F.No.A- 22011/2/2026-Estt.-GAP/501 dated 17.10.2026 issued by the Special Secretary (Services), U.T of Lakshadweep. Annexure A2- True copy of the Administrative Reforms Order F.No. 1/1/2026-FIN (2)/37 dated 21.09.2026 issued by the Department of Finance & Accounts, U.T of Lakshadweep. Annexure A3- True copy of the Transfer Policy circulated vide Circular F.No. 12/03/2012-Services dated 07.03.2012. Annexure A4- True copy of the School Study Certificate F.No.01/01/2017 SIMM GSSA-SSC dated 26.10.2026 issued by the Principal, Shaheed Jawan Muthukoya Memorial Govt. Senior Secondary School, Amini. Annexure A5- True copy of the representation dated 08.10.2026 submitted by the applicant along with the forwarding letter of the Executive Engineer, LPWD Division, Amini bearing F.No.02/01/2025-C2 dated 08.10.2026. Annexure A6- True copy of the Office Memorandum F.No.7(1)/E.Coord-I/2017 of the Ministry of Finance, Department of Expenditure dated 05.01.2024. ******

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