Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 180 of 2026 This the 20th day of February, 2026 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Mrs. Pragya Sahay Saksena, Administrative Member

1. Naseem Begum, Age 59 years, D/o Abdul Majeed, R/o Village Gohlad, Tehsil Mendhar District Poonch. Presently posted at Govt. Girls Higher Secondary School, Mendhar, District Poonch (Pin code- 185211).

...Applicant (Through Advocate: Mr. Mazher Ali Khan)

Versus

1. Union Territory of Jammu & Kashmir, through Commissioner/

Secretary, School Education Department, Civil Secretariat, Jammu/ Srinagar. 180001.

2. Director, School Education, Jammu. 181205.

3. Chief Education Officer, Poonch. 185101.

..Respondents (Through Advocate: Mr. Sudesh Magotra, learned A.A.G.)

O R D E R (Per: Mr. Sanjeev Gupta, Judicial Member)

The instant Original Application (in short O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

(i) allow this O.A. of the applicant.

(ii) quash and set aside Government Order No. 75-JK (Edu) of 2026 dated 17.02.2026, in so far as it pertain to the applicant at serial no. 98, whereby the applicant has been transferred from Govt. Girls Higher Secondary School, Mendhar to Higher Secondary School, Mankote, District Poonch.

(iii) Declare that the action of the respondents in transferring the applicant without considering her status as a person with Benchmark Disability (56% permanent disability) is arbitrary, discriminatory and violative of the Rights of Persons with Disabilities Act, 2016 and Articles 14 and 21 of the Constitution of India.

(iv) Direct the respondents to allow the applicant to continue at Govt. Girls Higher Secondary School, Mendhar till her superannuation/ retirement.

(v) direct the respondents to consider and decide the representation submitted by the applicant on medical and disability grounds in a time-bound manner by passing a reasoned and speaking order.

(vi) pass such other relief which this Tribunal may deem just and proper may also be passed in favour of the applicant in view of the submissions made herein above.

2. It is submitted by the learned counsel for the applicant that applicant is aggrieved of the Government Order No. 75-JK (Edu) of 2026 dated 17.02.2026, whereby the applicant has been transferred from Govt. Girls Higher Secondary School, Mendhar to Higher Secondary School, Mankote, District Poonch. It is further submitted by the learned counsel that applicant is suffering from benchmark disability having 56% permanent locomotor disability with bilateral amputation of both feet, duly certified by the competent medical authority.

3. The grievance of the applicant, as per learned counsel, is that due to amputation of both feet, the applicant is unable to walk independently and requires physical support even for walking a short distance and on account of impugned order, she has been transferred to Higher Secondary School, Mankote, District Poonch, which is at a distance of 13 Kms from her residence, which include 1 Km distance by foot and also, the impugned order is in violation of the transfer policy in as much as the applicant is on the verge of retirement with only one year of service remaining and as per transfer policy, employees nearing retirement, are ordinarily not disturbed unless compelling public interest exists.

4. Learned counsel further submitted that applicant would be satisfied, at this stage, if a direction is issued to respondents to treat a copy of this O.A. as her representation and decide the case of the applicant by passing a reasoned and speaking order within a time frame and till such time, on basis of aforesaid submissions and grounds taken in the O.A., and as well as the fact that till date applicant has not been relieved from her present place of posting i.e. Govt. Girls HSS, Mendhar, the impugned order may kindly be stayed and she shall be allowed to