The term stay order is understood as an act of stopping a judicial proceeding on a temporary basis by an order of a court. The court does not possess the power of interfering itself with the matter of transfer of employees unless it is tainted as illegal, malicious, arbitrary or is in violation of the statutory provisions. A stay order is generally made against the execution of a decree (order/mandate). Generally, the CAT (Central Administrative Tribunal) possesses the power to stay the matters of transfer orders referring to it as arbitrary and illegal in nature. But, in this case,  the court (Punjab and Haryana High Court) intervened and stayed the order of CAT of Chandigarh Bench, which was certainly relating to the postponement of DEO (District Educational Officer) in charge namely, Anujit Kaur.

High Court Stay Transfer Order Dismissed by CAT Tribunal
High Court Stay Transfer Order Dismissed by CAT Tribunal

Facts of the Case

In the pertinent case, Anujit Kaur officiating as DEO was transferred to the post of Deputy Director (Adult Education) and so, she approached the CAT challenging this transfer order of her being the Deputy Director (Adult Education),but the same i.e. this transfer order was stayed by the CAT. As viewed by the court, the claimant Anujit Kaur was able to make a prima facie case in her favor. The applicant contended that the transfer orders were made by making her (Anujit Kaur) binding to act as the DEO and were not actually done by any meeting of the DPC (Department Promotion Committee) despite the presence of all the candidates in the feeder cadre. In the views of the court, it is quite astonishing to note that the applicant filed the case on November 25, 2019 to the Education Department for issuing the directions relating to her promotion and a notice regarding the applicant’s transfer was made on the very next day i.e. 26 November 2019 by the department. The applicant also prayed to not to replace her position as DEO by the respondent namely, Alka Mehta as she (the applicant) claimed to be the senior-most member of the cadre, eligible for the post of DEO. The present DEO namely, Alka Mehta challenged these orders in the High Court and consequently, she was granted interim relief and continued to be the DEO until January 14, 2020. It is also important to note that transfers relating to inter-cadre are not at all allowable.Lastly, all the above-mentioned issues could only be resolved once the Education Department file a detailed reply for clarity of each and every fact.

Thus, in such a case, the intervention of the court to stay on transfer matter is mandatory and considered to be quite important. The contentions made by the applicant in her favor are not at all matching the issues in questions. Even the approach adopted by the UT Education Department doesn’t seem to be acceptable by the court and is not appreciated in any form. It clearly showcases the unimaginative attitude of the department. Thus, it becomes necessary for the court to come into function and take all the necessary and required steps.

Rest for case specific advice, one can contact Top/Best/Expert CAT Tribunal Lawyer of Chandigarh Panchkula Mohali (Punjab & Haryana) for Service Matter Issue.

This post is written by Yashika Kapoor. For more info, dial 99888-17966.

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