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:: 1 :: O.A. No. 997/2024

-CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing

Original Application No. 997/2024

Reserved on: - 25.11.2025

Pronounced on: - 05.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

Puja Gupta; aged 53 years

W/o Sh. Hans Raj, R/o Shiv Nagar, Ward No. 11,

Opposite Union Church, Udhampur

Pin 182101

...Applicant

(By Advocate: - Mr. Nitin Bhasin)

VERSUS

1. Union Territory of Jammu and Kashmir through Principal

Secretary to Govt., School Eucation Department,

Civil Secretariat, Jammu. Pin 180001

2. Director School Education, Jammu. Pin 181205

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 2 :: O.A. No. 997/2024

3. Chief Education Officer, Udhampur. Pin 182101

4. Headmaster, Govt. High School Parand, (Zone Panchari) Pin

182125

5. Headmaster, Govt. High School Darsoo, (Zone Jib) Pin 182101

…Respondents.

(By Advocate: - Mr. Sudesh Magotra, ld AAG)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 3 :: O.A. No. 997/2024

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following

reliefs: -

a) “To quash Order dated 29.03.2023 issued by the respondent

no.4 to the extent the period from 07.06.2020 to 25.11.2020

(172 days) has been treated as Commuted Leave on full pay

and the period from 26.11.2020 to 17.05.2022 (538 days) has

been treated as Extra Ordinary Leave without pay and

allowances,

b) To issue directions to the respondents to treat the period from

07.06.2020 to 25.11.2020 (172 days) and the period from

26.11.2020 to 17.05.2022 (538 days) of the applicant as on duty

or in the alternative to treat the aforesaid period as half on duty

and half as child care leave.

c) Any other relief which this Hon'ble Tribunal deems fit and

proper in the facts and circumstances of the case.”

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 4 :: O.A. No. 997/2024

2. The facts of the case as averred by the applicant in her pleadings, are

as follows:

a) The applicant is a substantive Master in the School Education

Department of the Union Territory of Jammu and Kashmir.

While posted at HSS Garhi in the year 2016, she was rendered

surplus due to non-availability of a sanctioned post of Master in

the said institution and her salary was being drawn against a

vacant post elsewhere. In order to adjust such surplus Masters,

the Directorate of School Education, Jammu issued Order No.

1233-DSEJ of 2019 dated 30.11.2019, whereby the applicant

was transferred and posted to Government High School Darsoo,

Zone Jib, against a vacancy.

b) Pursuant thereto, the applicant was relieved from HSS Garhi on

09.12.2019 and reported to the Headmaster, Government High

School Darsoo on 10.12.2019 for joining. However, her joining

was not accepted on the ground that no post of Master was

vacant in the institution. On the same date, the applicant

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 5 :: O.A. No. 997/2024

submitted an application seeking sanction of leave on

medical/maternity grounds till her joining, on which the

Headmaster recorded that due to non-availability of a vacant

post, the applicant could not be allowed to join.

c) Aggrieved by refusal of joining despite a transfer order showing

posting against vacancy, the applicant approached the Director

School Education, Jammu and thereafter the administrative

department, seeking suitable adjustment. The record reveals

that the School Education Department forwarded the

representations of several similarly placed Masters, including

the applicant, to the Directorate on 02.03.2020 with a direction

to take appropriate action. While other cases were settled, the

applicant’s case remained unresolved.

d) During this period, repeated representations were made by the

applicant, including to higher authorities and the office of the

Hon’ble Lieutenant Governor. The correspondence placed on

record shows that the issue of non-acceptance of her joining on

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