The court emphasized the importance of considering an employee's medical condition and previous deployment decisions before making transfer orders, and the need for the application of mind in such administrative decisions.

1. Writ petition has been filed with the averments that the petitioner, who was working as Laboratory Assistant, was promoted as Teacher but on account of Paralytic attack suffered by him, the petitioner requested for being reverted from the post of Teacher and being re-adjusted as Laboratory Assistant by taking into account his health condition on account of which he was not able to perform the duties of a Teacher i.e. Annexure-B. At that point of time i.e., 06.11.2007, the petitioner was posted as Teacher in Govt. Girls Primary School, Ward No.3, Samba and, separate District of Samba had not been carved out. Subsequently, Chief Education Officer, Jammu recommended the request of the petitioner (Annexure-B at page 16 of the paper book) for reversion from the post of Teacher to the post of Laboratory Assistant keeping in view the health condition of the petitioner and his inability to discharge the duties of a Teacher.

2. On acceptance of the request of the petitioner, vide (Annexure-C) dated 03.12.2007, the petitioner who was posted as Teacher in Government Girls Primary School, Ward No.3, Samba was directed to report to the Principal, GHSS, Mubarkmandi, Jammu on compassionate Grounds till further orders and thereafter, vide order (Annexure-D) dated 03.03.2016, the petitioner was deployed in the office of Additional Advocate General, J&K High Court Jammu for pursuing the Court matters/dak runner to ensure proper monitoring and continuity of Court work. Copy of the same was endorsed by the Director School Education, Jammu to Chief Education Officer, Samba/ZEO concerned in order to allow the petitioner to continue to work in the office of the Additional Advocate General, J&K High Court Jammu till further orders. However, vide order (Annexure-E) dated 04.08.2017, the petitioner has been shifted from GPS Ward No.3, Samba to MS Daghore (Zone Vijaypur). Learned counsel contends that the order does not reflect application of mind, inasmuch as, the petitioner has been deployed in the office of the Additional Advocate General, J&K High Court Jammu but the Chief Education Officer, Samba in derogation of the order of the Additional Secretary, School Education Department as also the order of the Director School Education, Jammu transferred the petitioner to MS Daghore (Zone Vijaypur) by recording that the petitioner is working at GPS Ward No.3, Samba i.e the position of the year 2007.

3. Learned counsel contends that the aforementioned order is absolutely arbitrary and illegal, more so on account of the fact that the petitioner was specially deployed in the office of the office of the Additional Advocate General, J&K High Court Jammu taking into account all aspects of the matter including health condition as also the fact that the petitioner has only a short time left for retirement. Even as on date, the petitioner is left with less than two years to retirement.

4. Notice of motion. On the asking of Court, Mr. Manuj Mahajan, learned GA, accepts notice on behalf of the respondents and waives his right to file reply and has argued on the basis of record available in the writ petition. He has tried to defend the order but has not been able to give any explanation as to how the Chief Education Officer, Samba has transferred the petitioner despite the fact that the Additional Secretary, School Education Department as well as Director School Education, Jammu had deployed the petitioner in the office of the Additional Advocate General, J&K High Court Jammu after taking into account his medical condition as also the fact that only short time is left for his retirement.

5. Learned counsel for the respondents has also not been able to explain the non-application of mind by the Chief Education Officer, Samba while passing the impugned order, inasmuch as, instead of reflecting the petitioner as deployed in the office of the Additional Advocate General, J&K High Court Jammu, he has been shown to be working in GPS Ward No.3, Samba i.e the positi