Application for Stay of Transfer / Posting

IN THE tribunal_type SERVICE TRIBUNAL, tribunal_location

Stay Application No. _____ of year

applicant_name (civil_servant_designation, grade, department) APPLICANT VERSUS respondent_designation, department AND The Government of jurisdiction through ministry_department RESPONDENTS

APPLICATION FOR STAY OF IMPUGNED TRANSFER / POSTING ORDER DURING PENDENCY OF SERVICE APPEAL

Subject: Application for stay of transfer / posting order dated transfer_order_date pending determination of Service Appeal

Applicant: applicant_name Designation: civil_servant_designation Grade / BPS: grade Department: department Current Station: current_posting_location Transfer Order Dated: transfer_order_date

Respectfully submitted:

1. The Applicant seeks interim relief in the form of stay of the impugned transfer / posting order dated transfer_order_date pending final adjudication of the Service Appeal challenging the said transfer / posting direction.

2. The Applicant is a civil servant holding civil_servant_designation in grade of department, with years_of_service years of continuous service. The Applicant has been stationed at current_posting_location for years_at_station years.

3. On transfer_order_date, the Applicant received the impugned transfer / posting order directing transfer_direction to proposed_new_posting. The order was issued by issuing_authority_designation without following prescribed procedures and without assigning cogent reasons.

4. The Applicant has filed a Service Appeal (Appeal No. appeal_number) before this Tribunal challenging the legitimacy and validity of the impugned transfer / posting order on the grounds that it is challenge_grounds.

5. The Applicant submits that the balance of convenience lies in favour of maintaining the status quo pending determination of the Appeal. Grant of stay will cause no prejudice to the Administration, whereas implementation of the impugned order will cause irreparable harm to the Applicant's career, professional standing, and family interests.

6. The Applicant has made prima facie out a strong case for relief. The impugned order is vulnerable to challenge on multiple grounds: substantive_legal_grounds.

7. The Applicant undertakes to abide by any order of the Tribunal and to suffer any consequences arising from the stay order. The Applicant further undertakes to prosecute the Service Appeal diligently and not to cause avoidable delay in its determination.

8. Annexed hereto are copies of: (a) the impugned transfer order dated transfer_order_date (Annexure-A); (b) the Service Appeal (Annexure-B); (c) correspondence seeking clarification and challenging the transfer (Annexures C-D); and (d) service record and posting history (Annexure-E).

PRAYER

(a) Grant stay of the impugned transfer / posting order dated transfer_order_date pending determination of Service Appeal No. appeal_number; (b) Maintain the Applicant in current_posting_location during pendency of the Appeal; (c) Grant any other interim relief deemed just and proper.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of this Application are true and correct to the best of my knowledge and belief.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Counsel for the Applicant