Jammu, Aug 20: In O.A./1241/2025 titled OM PARKASH SHARMA Vs SCHOOL EDUCATION DEPARTMENT after hearing CAT ordered as under:-
1. Admitted
2. The applicant is aggrieved of Government Order No. 557-JK(Edu) of 2025 dated 11.08.2025 along with Addendum dated 12.08.2025 whereby the Government Order No. 504-JK(Edu) of 2025 dated 01.07.2025 has been modified and the applicant has been deputed to the Jammu & Kashmir Board of School Education, Jammu.
3. It is submitted by the learned Sr. counsel for the applicant that applicant who is holding the post of Principal has been transferred from HSS Chandwan, Kathua to JKSCERT, Jammu as Associate Professor on 01.07.2025, and before the applicant could be relieved and the aforesaid order be implemented, the transfer order of the applicant was modified on the representation of the applicant and he was deputed to Jammu & Kashmir Board of School Education, Jammu on 11.08.2025.
4. It is the grievance of the applicant that he is a physically handicapped person suffering from 45% Post Polio Residual Paralyses with Left Lower Limb, besides the wife of the applicant is suffering from cancer but without taking into consideration the hardship of the applicant, the impugned tranfer order has been passed by the Respondents in violation of Clause 20 (C) of Transfer Policy of the Respondents dated 24.04.2023.
According to the learned Sr. counsel, with 45 percent disability and the wife of applicant being a cancer patient, applicant will not be able to keep his body and soul together at Jammu, besides the applicant has not been relieved till date from Government Higher Secondary School, Chandwan District Kathua.
5. Heard and considered.
6. Issue notices to Respondents. Mr. Sudesh Magotra, learned A.A.G. appears and accepts notices on behalf of the Respondents.
7. Learned A.A.G. seeks and is granted four weeks time to file the reply.
8. List on 09.10.2025.
9. In the meantime, as an interim measure, the Government Order No. 504- JK(Edu) of 2025 dated 01.07.2025 qua the applicant and Government Order No. 557-JK(Edu) of 2025 dated 11.08.2025 along with Addendum dated 12.08.2025 are stayed till the next date of hearing and the applicant shall be allowed to work at Government Higher Secondary School, Chandwan District Kathua.
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