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CAT orders Govt to allow applicant to join her place of posting in J&K, if nobody has joined


CAT orders Govt to allow applicant to join her place of posting in J&K, if nobody has joined

Jammu, aug 23: In Original Application No. 1293 of 2025  titled Shazia Saleem (Through Advocate: Mr. F.A. Natnoo) Versus 1. UT of J&K through Its Commissioner Cum Secretary to Government Education Department Jammu/Srinagar & others after hearing Advocate F A Natnoo on behalf of petitioner CAT ordered as under:-

1. The instant petition has been filed by ld. counsel for the applicant seeking following relief:

i. Allow this original application of the applicant. ii. Quash/set-aside the order impugned No. CEOR/NG/14946-52 dated 18.08.2025 issued by the respondent No. 3, wherein the applicant has been show transferred from MS (Girls) Rajouri to MS Karrian. iii. Restrain the respondents from giving effect to the order impugned qua the applicant herein. iv. Any other relief which this Hon'ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.

2. Ld. counsel for the applicant submitted that the applicant would be satisfied if the present Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order within time frame.

3. Ld. counsel for the respondents vehemently opposed the prayer made by ld. counsel for the applicant.

4. Heard ld. counsels for the parties.

5. In view of the above, the Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and consider the case of the applicant in light of medical certificate annexed at Annexure A-4 of this O.A. and in view of transfer policy dated 24.04.2023, as the husband of the applicant is out of country and the applicant herein is single handed mother besides discharging her duties, has to shoulder the responsibility of two school going children including teen age daughter and both are at the middle of their academic session.

6. The respondents are directed to decide the representation by passing a reasoned and speaking order. The respondents are further directed to communicate the order so passed to the applicant. The whole exercise shall be completed  within a period of six weeks from the date of receipt of a certified copy of this order.

7. Till final disposal of the representation, the applicant is allowed to continue her duties at her present place of posting i.e., Govt. Middle School (Girls), Rajouri, if nobody has joined at her place and if someone has joined then, no coercive action shall be taken against her till then.

8. With these directions, the O.A. No. 1293 of 2025 is disposed of. 9. However, there shall be no order as to costs. (Rajinder Singh Dogra)

 

 


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