Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 61/191/2026 This the 24th day of February, 2026 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1. Promila Darshni Parihar, Age 49 years, W/o Sanjay Kumar Bhutyal, R/o Near Sheep Husbandry Office, Matta, Kishtwar.

...Applicant (Through Advocate: Mr. Sandeep Gupta)

Versus

1. UT of Jammu and Kashmir through Commissioner/Secretary to Government, Department of School Education, Civil Secretariat, Jammu.

2. Director, School Education, Jammu.

3. Chief Education Officer, Kishtwar.

4. Principal Government Higher Secondary School, Badhat (Zone Drabshalla), District Kishtwar.

5. Head Master Saheed Sub Inspector, Om Nath High School Pochaal, Kishtwar.

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

ARUN O R D E R Per:- Pragya Sahay Saksena, Administrative Member Mr. Sandeep Gupta, learned counsel for the applicant submitted that the applicant is working as Master in Education Department and vide order impugned dated 13-12-2025, the applicant was transferred from Saheed Sub Inspector Om Nath High School, Pochaal Kishtwar to Higher Secondary School, Badhat, Zone Drabshalla. The name of the applicant is reflected at S.No.03 of Transfers and postings list attached with the impugned order. Subsequently, vide order no. HSP/2025-26/183-84 dated 17-12-2025, the applicant was relieved on 17-12-2025 at forenoon and was directed to report at Principal Higher Secondary School, Badhat for further duties. On the same day i.e. on 17-12-2025, the applicant was forced to join the new place of posting, which is nearly 40 km from Kishtwar. Learned counsel further submitted that the applicant is suffering from motion sickness with severe vertigo and the disability of the applicant is 40% and the nature of disability is permanent as per the guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disability Act of 2016. It has further been submitted that the order impugned has been passed in violation of the transfer policy of school education department issued vide government order no. 103-JK (EDU) OF 2023 dated 24-04-2023 and as well as in violation of Rule 27 of Jammu and Kashmir Civil Services (Classification, Control And Appeal) Rules 1956.

2. Learned counsel further submitted that the applicant would be satisfied, at this stage, if a direction is issued to the respondents to treat a copy of this O.A. as representation of the applicant, consider transferring back the applicant to Saheed Sub-Inspector OM Nath High School Pochaal, where one post of Master grade is still vacant and take decision in this regard within a time frame.

3. Mr. Sudesh Magotra, learned A.A.G. appearing for the respondents prayed for sometime to file reply.

ARUN

4. Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of in the manner as prayed for by the learned counsel for the applicant.

5. Accordingly, the O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondents to treat a copy of this O.A. as representation of the applicant, consider transferring the applicant back to Saheed Sub- Inspector Om Nath High School, Pochaal, keeping in view the medical condition of the applicant and take a decision in this regard by passing a reasoned and speaking order within a period of four weeks from the date of receipt of a certified copy of this order. A copy of the speaking order shall also be communicated to the applicant.

6. With the above direction, the O.A. stand disposed of.

7. No order as to costs.

(Pragya Sahay Saksena) (Sanjeev Gupta)

Administrative Member Judicial Member Arun ARUN