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J&K: CAT pulls on School Education Department over transfer of 70% disabled lecturer


J&K: CAT pulls on School Education Department over transfer of 70% disabled lecturer

JAMMU, Dec 19: The Central Administrative Tribunal, Srinagar Bench, has taken serious note of the transfer of a physically challenged lecturer and the lack of disability-friendly infrastructure in a Srinagar higher secondary school, directing the School Education Department to decide the employee’s pending representation within four weeks through a reasoned order and to ensure ramps are installed in every institution under the Directorate’s jurisdiction.

It is to mention here that one Altaf Ahmad Dar, a Lecturer in Environmental Science with over 70% locomotor disability due to post-polio palsy was transferred, who challenged Government Order No. 488-JK (Edu) of 2025 dated May 27, 2025, insofar as it transferred him from BHSS Hazratbal to BHSS Tailbal, Srinagar.

It contended that the move caused severe hardship, citing accessibility concerns, distance from residence, and disability-related safeguards under the Rights of Persons with Disabilities Act, 2016 and relevant government office memorandums on exemption from routine/rotational transfers for persons with disabilities.

During the hearing, the Tribunal sought assistance from the Personnel Officer, Directorate of School Education Kashmir.

The Tribunal observed that accessibility is integral to fundamental rights and noted the obligation of authorities to comply with the Supreme Court’s mandate on accessibility in educational institutions.  Issuing notice, CAT granted the respondents four weeks to file a detailed response.

Meanwhile, it directed that the applicant’s representation be disposed of on merits within the same period and ordered the Personnel Officer to personally monitor compliance, including by coordinating with the competent authority.

The Registry was also directed to serve the order on top UT functionaries, including the Chief Secretary and senior officials of the School and Higher Education Departments.

 

 


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