Jammu, May 05: In O.A./558/2025 (JAMMU) titled ZAREENA KOUSER Vs SCHOOL EDUCATION DEPARTMENT after hearing CAT ordered as under:-
At the outset, learned counsel for the applicant submitted that the applicant, holding a Bachelor of Arts and B.Ed degrees, was initially engaged as an RET on 17.04.2012 by the ZEO Kotranka at MS Bathan, Zone Kotranka, District Rajouri.
Subsequently, she was regularized as a General Line Teacher with effect from 18.04.2017 under Order No. ZEO/K/1377-80 dated 27.09.2017.
Learned counsel for the applicant further submitted that due to significant health concerns, including a diagnosis of lower back ache and canal stenosis coupled with the physically demanding nature of her work and the challenging location of MS Bathan, the applicant was advised by a Medical Board on 20.03.2025 to avoid strenuous activities.
The member Secretary Standing Medical Board GMC Jammu vide his communication dated 04.04.2025 has submitted the medical certificate of the applicant to the Director School Education Jammu for further necessary action.
In light of these medical issues, she submitted a representation on 09.04.2025 requesting an attachment to Government Middle School Budhal, a more accessible posting, which was duly forwarded to the CEO Rajouri.
Following this, on 15.04.2025, the CEO Rajouri directed the ZEO Kotranka to utilize the services of the applicant.
In pursuance to the recommendations, the ZEO Kotranka directed the Head Master Govt. MS Budhal to attach/utilize the services of the applicant. However, within a mere 4-5 days and without any reasonable or legal justification, the Chief Education Officer, Rajouri, issued an abrupt order for the applicant to return to MS Bathan, without providing a clear explanation or addressing the applicant’s medical condition.
This action, taken without due regard for the applicant’s well-being, has led to a situation of unnecessary hardship.
In light of the above, learned counsel for the applicant, invoking the medical grounds of the applicant, has prayed for an ad-interim direction, permitting the applicant to continue her duties at MS Budhal until her recovery from the current disability, so as to ensure that her health is not further compromised by an unreasonable work environment.
In view of the compelling medical evidence and the circumstances outlined, this Court is of the opinion that the applicant should not be subjected to any undue hardship while she is recovering from a serious health condition.
Therefore, until further orders, it is directed that if the applicant has not yet been relieved from her duties, she shall be permitted to continue working at her present posting, i.e., Middle School Budhal, until the next date of hearing. Issue notice to the respondents, returnable by the next date of hearing.
Mr. Sudesh Magotra, learned A.A.G., appears and accepts notice on behalf of the respondents. Respondents are directed to file their reply by the next date of hearing.
The case is listed for hearing on 10.06.2025.
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