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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 267/2025

Reserved on: - 16.09.2025

Pronounced on: -04.02.2026

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

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

1. Harish Chander Sharma; age: 37 years S/o Sh. Tulsi Ram R/o

Village Palahi Tehsil Basohli District Kathua

2. Monika Pathania; age: 32 years W/o Sh. Sudhir Singh Pathania R/o

Village Sandhar Tehsil Basohli District Kathua

Petitioners.

(By Advocate: Mr. Dhruv Pant)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to

Government General Administration Department Jammu and Kashmir

Government Civil Secretariat, Srinagar.

2. Commissioner/Secretary to Government School Education

Department Jammu and Kashmir Government Civil Secretariat,

Srinagar.

3. Director School Education Muthi, Jammu.

4. Chief Education Officer Kathua.

5. Zonal Education Officer Basohli.

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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6. Incharge Goverhment Middle School Barla Chougan Tehsil Basohli

District Kathua.

7. Incharge Government Middle School Rehan Tehsil Basohli District

Kathua.

…Respondents

(By Advocate: Mr. Sudesh Magotra, AAG)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2695/2014 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.267/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) Writ, order or direction in the nature of Writ of Certiorari

quashing Government Order No:07-GAD(Camp) of 2014 dated

17^th September, 2014 (Annexure-K) issued by the Respondent

No.1 in so far as it has the affect of rescinding the orders of

Respondent No.4 issued vide his No:CEOK/Gen./12493-96

dated 4th September, 2014 whereby the Petitioner No.1 has

been transferred from Government Primary School Bhanagar

and adjusted in Government Middle School Barla Chougan

Zone Basohli and Order No:CEOK/14858 dated 16th

September, 2014 whereby the Petitioner No.2 has been

transferred from Government Primary School Toara and

adjusted in Government Primary School Rehan Zone Basohli;

b) Writ, order or direction in the nature of Writ of Mandamus

commanding upon the respondents to allow the petitioners to

perform his duties in Government Middle School Barla hougan

Zone Basohli and Government Primary School Rehan Zone

Basohli respectively;

c) Any other writ, order or direction which this Hon'ble Court may

deem fit and proper in the facts and circumstances of the case,

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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may also be. granted in favour of the petitioners and against the

respondents along with cost of the petition.”

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

a) The present Transfer Application arises out of SWP No.

2695/2014, which was transferred from the Hon’ble High Court

of Jammu and Kashmir and registered before this Tribunal. The

petitioners are serving General Line Teachers in the School

Education Department and had earlier been engaged as Rehbar-

e-Taleem (ReT) teachers in the year 2003 and 2004

respectively. Petitioner No.1 was engaged as ReT in

Government Primary School Bhanagar, Zone Basohli, vide

order dated 03.11.2003, and on completion of five years’

satisfactory service was regularized as General Line Teacher on

16.07.2009. Petitioner No.2 was similarly engaged as ReT in

Government Primary School Toara, Zone Basohli, vide order

dated 04.01.2004, and was regularized as General Line Teacher

on 12.02.2009. Since their initial engagements and even after

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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regularization, both petitioners continued to serve in the same

institutions for a period extending over a decade.

b) It is the case of the petitioners that the earlier policy of the

Gove

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