Jammu, Apr 21: In compliance to CAT orders in O.A.No.191/2026 titled Promila Darshni Parihar V/s.U.T of J&K & Others. Govt ordered as under vide Order No-DSEJ- 135 of 2026 Dated 20 /04/2026 :-
Whereas, the applicant, namely Smt. Promila Darshni Parihar, was posted as a Master at Shahid Sub-Inspector Om Nath High School, Pochal, Kishtwar; and
Whereas, vide Order No. 459-DSEJ of 2025 dated 13.12.2025, issued under ATD 2024-25, the applicant stands transferred to Government Higher Secondary School, Badhat, Zone Drabshalla, District Kishtwar; and
Whereas, feeling aggrieved by the said transfer order, the applicant challenged the same before the Hon'ble Central Administrative Tribunal, Jammu.by way of filing O.A.No.191/2026 titled Promila Darshni Parihai. V/s U.T.of J&K & Others, on the ground of her disatility, wherein she has sought quashment of Order No. 459-DSEJ of 2025 dated 13.12.2025, along with a direction to permit her to continue at Government Higher Secondary School, Pochal; and
Whereas, as per the averments made by the applicant in the said O.A, she is suffering from motion sickness with severe vertigo, constituting 40% pemanent disability and to this extent she has anexed a copy of disability certificate as annexure-A-4,issued by the Chief Medical Offlcer, Kishtwar, vide UDID No. JK6212019760002766 dated 20.12.2025 and has alleged that her order of transfer is in violation to the transfer policy issued by the department vide GovemmentOrderNo.103-JK(Edu)of2023 dated 24.04.2023;and
Whereas, the Hon'ble Central Administrative Tribunal, Jammu Bench, vide order dated 24-02-2026 has been pleased to disposed of the said O.A. with the following directions: -
"Accordingly, the 0.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondents to treat a copy of this 0.A. as representation of the applicant, consider transferring the applicant back to Saheed SubInspector Om Nath High School, Pochaa], keeping in view the medical condition of the applicant and take a decision in this regard by passing a reasoned and speaking order within a period of four weeks from the date of receipt of a certified copy of this order.
A copy of the speaking order shall also be communicated to the applicant. With the above direction, the O.A. stand disposed of. No order as to costs"
Whereas, vide Order No. HSP/2025-26/183-84 dated 17.12.2025, issued by the Headmaster, Government High School, Poochal, Kishtwar, the applicant was relieved from the said school and thereafter, joined Government Higher Secondary School, Badhat (Drabshalla) on 17.12.2025.
As per Condition No. 4 appended to Order No. 459-DSEJ of 2025 dated 13.12.2025, any request for modification of transfer shall be entertained by the department only after the transferee has joined at the new place of posting; and
Whereas, as per the disability certificate issued by the Chief Medical Officer, Kishtwar, bearing UDID No. JK6212019760002766 dated 20.12.2025, the applicant is suffering from motion sickness accompanied by severe vertigo, constituting 40% disability.
The nature of the said disability has been certified as permanent in accordance with the guidelines for the purpose of assessing the extent of specified disability in a person under the Rights of Persons with Disabilities Act, 2016, as notified by the Government of India vide S.O. 1338(E) dated 12.03.2024.
The applicant has joined at the new place of posting in compliance with the transfer order and its conditions, and has thus fulfilled the requirement for seeking modification, her disability remains an important factor for considering her case.
Now, therefore, in compliance with the order dated 24-02-2026 passed by the Hon'ble Central Administrative Tribunal, Jammu Bench, passed in O.A. No. 191/2026, and upon careful consideration of the applicants medical condition, as well as the transfer policy issued by the School Education Department vide Government Order No. 103-JK (Edu) of 2023 dated 24-04-2023, the transfer order in respect of applicant namely Smt. Promila Darshni Parihar is hereby modified, and she is retained at Shaheed Sub-Inspector Om Nath High School, Pochal, District Kishtwar, against an availat)le vacancy of Master, as conveyed by the Chief Education Officer, Kishtwar.
|