Sr. No. 36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. WP(C) 3178/2025 Date of pronouncement:- 14.11.2025 Date of uploading:- 18.11.2025 Poonam Devi …..Petitioner(s)/Appellant(s)

Through: Mr. Karan Sharma, Advocate.

Vs U.T. of J&K and Ors.

.…. Respondent(s)

Through: None.

HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE CORAM:

HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

ORDER

14.11.2025

01. Keeping in view the nature of controversy, the matter taken up on Board for hearing.

Heard

02. .

03. The petitioner has invoked the writ jurisdiction of this Court seeking quashment of order dated 27.10.2025 passed by learned Central Administrative Tribunal, Jammu Bench, Jammu [the Tribunal] and further seeks the quashment of orders dated 23.11.2024 and 25.11.2024, respectively passed by respondent Nos. 4 & 5, and also prayed for issuance of writ of mandamus and prohibition so as to continue to perform her duties as teacher at Kasturba Gandi Balika Vidyalaya (KGBV) Bani.

04. The facts necessary be noticed in brief.

05. The petitioner initially came to be engaged as Rehbar-e- Taleem (RET) teacher in KGBV Bani vide order 09.06.2011 and her services came to be regularized as General Line Teacher vide order 31.01.2017. However, vide order dated 23.11.2024 passed by respondent No. 4 (ZEO Bani) all the Heads of Zone Bani were asked to relieve the attached/deployed/detailed to work/rationalized teaching staff to their original places of posting. In compliance to this order, respondent No. 5, Headmaster KGBV Bani vide order dated 25.11.2024 relieved the petitioner and directed her to report to the original place of posting.

06. Fact remains that the petitioner after regularization of her services as General Line Teacher though continue to draw her salary against the post at UPS Fouja but remained attached in KGBV Bani and this fact stated to have been reflected in the service book of petitioner also. The other unrebutted fact remained that KGBV Bani falls under central sponsored scheme under the aegis of Samagra Shiksha Abhiyan (SSA), where only contractual, vocational and non-vocational staff renders their services.

07. In the above backdrop, the orders dated 23.11.2024 & 25.11.2024 respectively came to be passed thereby relieving her from KGBV Bani to her original place of posting in the best interest of the students and also in view of the fact that after regularization of services for all practical purposes petitioner was borne against the post at UPS Fouja as per her service book record and withdrawal of monthly salary, but only she was permitted to perform duty from KGBV, Bani.

08. The petitioner being dissatisfied from the relieving order, as she wanted to continue even after regularization of her services at KGBV Bani, therefore, approached the Tribunal, questioning the orders of relieving from KGBV Bani and to report to the original place of posting i.e. UPS Fouja from where she continue to draw her salary. However, the Tribunal observed that the services of petitioner were regularized as Teacher Grade-II came to be posted in UPS Fouja as reflected in her service book and KGBV is a creation of central sponsored scheme where only contractual, vocational and non-vocational staff provides their services; coupled with the fact that petitioner has applied for three days casual leave on JK Attendance App of School Education Department through UPS Fouja as such it shows that petitioner had joined her original place of posting, but on the basis of interim direction passed by the Tribunal she continued to serve as KGBV Bani, therefore, on the basis of this factual backdrop, the tribunal has dismissed the O.A. vide impugned order.

09. The bone of contention is that petitioner is not provided opportunity by the Tribunal to file the rejoinder and further refuted the fact that she had joined at UPS Fouja inasmuch as also she has questioned the competence of the respondents to relieve her from KGBV Bani. Nonetheless, petitioner neither put forth any compelling reas