Bhupendra Badshah vs DEFENCE on 4 November 2026

O R D E R

Hon’ble Ajay Pratap Singh, Member (Judicial)

By way of the present OA, the applicant has challenged movement order dated 22.06.2026, whereby pursuant to the posting order dated 30.01.2026, the applicant has been directed to report from tenure station AGE (I) AF Bhowali, Nainital to GE (E) Jabalpur, Madhya Pradesh.

2. Learned counsel for the applicant contended that the applicant is a Group (C) employee working as SAA at Bhowali and has submitted 1st choice station at Jabalpur for posting and the applicant is willing to move to Jabalpur, M.P as per posting order dated 30.01.2026 and movement order dated 22.06.2026 at the end of academic session 2026-27. The applicant has been transferred mid academic educational session to more than 900 kms away from Meerut and he is unable to manage and look after his children’s education. The applicant has deposited the fees for first and second term in KV, Meerut and as per guidelines dated 28.04.2022 for transfer and he may be permitted to continue at the present place of posting till end of academic session 2026-27 till 30th March, 2027.

3. Learned counsel for the respondents submits that the applicant was transferred vide order dated 30.01.2026 and relieved vide movement order dated 22.06.2026 from Bhowali to Jabalpur vide first choice station furnished by the applicant. The children of the applicant are not studying at Bhowali and the applicant is continuing at Bhowali due to interim order dated 10.07.2026.

4. Heard. We have considered the matter.

5. The fact of the matter that transfer is incidence of service and can be questioned in a Court or Tribunal only where it is passed mala fide or made in violation of the statutory provisions. KARAN

KARAN

6. The applicant is working as SAA at Bhowali and has preferred his first choice station to Jabalpur as per posting order dated 30.01.2026 and movement order dated 22.06.2026 and is seeking to continue at Bhowali till the end of academic session 2026-27 till 30.03.2027.

7. The son of the applicant is studying in Class-XI at KV, Meerut and the applicant’s daughter also studying in KVS in Class-II at Meerut. The applicant has been allowed to continue at present place of posting on the ground that transfer order issued in mid- academic session 2026-27 and allowed vide interim order dated 10.07.2026 and is continuing at Bhowali.

8. The Hon’ble Supreme Court in case of Director of School Education (Madras) and Others Vs. O. Karuppa Thevan & Anr., decided on January 31, 1994, reported in 1994 Supp (2) SCC 666-Their Lordships have considered that “ the respondent's children are studying in school, the transfer should not have been effected during mid-academic term. Although there is no such rule, we are of the view that in effecting transfer, the fact that the children of an employee are studying should be given due weight, if the exigencies of the service are not urgent. The learned counsel appearing for the appellant was unable to point out that there was such urgency in the present case that the employee could not have been accommodated till the end of the current academic year. We, therefore, while setting aside the impugned order of the Tribunal, directed that the appellant should not effect the transfer till the end of the current academic year” and allowed the appeal.

9. As evident from the guidelines dated 28.04.2022 (Annexure A-3), sub paras (b) and (c) of Para 6 of the said guidelines provides that “personnel with children studying in class XII std. will generally not be posted out till 31 July considering completion of class XII examination and other entrance exams conducted in June/July. KARAN

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10. We find that the applicant has been allowed to continue vide interim order dated 10.07.2026 and the applicant is willing to move to Jabalpur, MP seeking retention at Bhowali till the end of academic session 2026-27 till 30.03.2027 to provide academic supervision to his son and daughter studying in KVS, Meerut.

11. On considering all the facts and circumstances of the present case and law laid down by the Hon’ble Supreme Court in case of Director of School Education (Madras) and Others Vs. O. Karuppa Thevan & Anr., decided on January 31, 1994, reported in 1994 Supp (2) SCC 666, we deem it just and proper to direct the respondents to allow the applicant to continue his services at the present place of posting at Bhowali till the end academic session till 30.03.2027, where after, the respondents would be free to relieve the applicant to join at Jabalpur, MP, i.e. new place of posting.

12. The present OA is disposed of in above indicated terms.

13. Pending MAs, if any, shall also stand disposed of. No order as to costs.

[ (Rajinder Kashyap)

(Ajay Pratap Singh) Member (A)

Member (J)

/kr/

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