Back
2024 Supreme(Online)(CAT) 4220
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rajinder Singh Dogra, J, Mr. Ram Mohan Johri, A
Parveen Akhter – Appellant
Versus
Department Of Education – Respondent
O.A./1413/2024
Mr. Z.A. Mughal, Mr. Sudesh Magotra, ld. AAG
The court emphasized the necessity of adhering to Transfer Policy and previous judgments when making employment decisions, ensuring fair consideration of applications.
Headnote:(A) Transfer Policy - Government Order No. 103-JK (Edu) of 2023 - Clauses 19 and 20 - Quashing of order by CEO, Rajouri - The applicant's case was not considered in accordance with Transfer Policy and earlier judgment, leading to violation of rights. (Paras 5, 6, 7)
(B) Original Application - The application was disposed of with directions for reconsideration as a representation, emphasizing the need for a reasoned order. (Paras 2, 8)
Facts of the case:
The applicant sought to quash an order rejecting her representation for a teaching position, citing violations of Transfer Policy and previous tribunal judgments. (Paras 1, 2)
Findings of Court:
The court quashed the impugned order due to failure to consider relevant judgments and directed a fresh order to be passed in compliance with the Transfer Policy. (Paras 5, 6, 7)
Issues: The main issues included whether the applicant's representation was adequately considered and the implications of the Transfer Policy on her case. (Paras 1, 6)
Ratio Decidendi: The court ruled that the CEO's failure to consider the relevant judgment constituted a violation of the applicant's rights, necessitating a fresh decision based on the Transfer Policy. (Paras 5, 6)
Result: Original Application disposed of with directions.
O R D E R
As per Hon’ble Mr. Rajinder Singh Dogra, Member (J)
1. The instant petition has been filed by ld. counsel for the applicant with following relief: i. To set aside and quash the order no. CEOR/legal/2024-25/24912-14 dated 29.11.2024 issued by the respondent no. 3 being forwarded by the ZEO concerned vide his number ZEO/01/1016-17 dated 12.12.2024, received by the applicant on 17.12.2024 whereby the respondent no. 3, in violation of the directions issued by this Tribunal, rejected the case of the applicant and never considered her representation dated 02.09.2024 as referred to in the order dated 09.09.2024 which is also in violation of Transfer policy and the judgement dated 30.11.2024 passed in OA 161 of 2023.
ii. Direct the official respondents to allow the applicant to serve as Teacher in Govt. Middle School Chatyar, Zone Doongi.
2. Ld. counsel for the applicant submitted that the applicant would be satisfied if this Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order.
3. Ld. counsel for the respondents vehemently opposed the prayer made by ld. counsel for the applicant.
4. Heard ld. counsels for the parties.
5. In view of the above, this Original Application is disposed of with a direction to the respondents to treat this O.A. as representation of the applicant and consider the case of the applicant in light of latest judgement dated 20.11.2024 passed by the Co-ordinate Bench of this Tribunal in O.A. No. 161 of 2023, case titled Jyoti Gupta & Ors. vs. UT of J&K & Ors. The impugned order passed by the CEO, Rajouri (respondent no. 3) is quashed and set aside because the respondent no. 3 has not considered that judgement before passing the impugned order.
6. The respondents are further directed to considered the case of the applicant in light of Transfer Policy/Govt. No. 103-JK (Edu) of 2023 dated 24.04.2023, Clause-19 and 20 which says that “to the extent possible, single parent, divorcee, widow, female employee(s) and an employee having specially abled children shall be posted conveniently; and Physically challenged employee(s) may be given convenient posting subject to the availability of post(s)”.
7. Now, the CEO, Rajouri is directed to pass a fresh order by considering Transfer Policy dated 24.04.2023, Clause- 19 and 20 and as well as latest judgement dated 20.11.2024 passed by the Co-ordinate Bench of this Tribunal.
8. The respondents are directed to decide this representation by passing a reasoned and speaking order with further direction to communicate the order so passed to the applicant. The whole exercise shall be undertaken within a period of six weeks from the date of receipt of a certified copy of this order.
9. Till then, status quo qua the applicant be maintained as on today.
10. With these directions, the Original Application is disposed of.
11. However, there shall be no orders so as to costs.
