Jammu, May 08: After CATs orders in O.A. No.1242/2025 titled Abid Hussian Zargar V/s U.T of j&K & Ors, Jammu and Kashmir Government modified transfer order of Govt Teacher, details with CTN read as under:-
Whereas, the applicant namely Sh. Abid Hussian Zargar, was transferred from Government Middle School Malipath to Government High School Sranwan (Zone-I to Zone-Ill), approximately 45 kilometers from his residence, vide Order No. CEO/K/2025 /12469-475 dated 02-08-2025, issued under ATD-2024; and
Whereas, the applicant challenged his transfer order dated 02-08- 2025 before the Hon'ble Central Administrative Tribunal by way of filing O.A. No. 1242/2025, seeking quashing of the said transfer order on the grounds of violation of Government Order No. 103-jK Edu of 2023 dated 24-04-2023 and has further prayed for his continuation at or suitable adjustment to Government Middle School Malipath, Kishtwar, against an available vacancy, on the ground that he is suffering from a life threatening disease and is undergoing treatment; and
Whereas, the Hon'ble Tribunal vide order dated 18-08-2025 has been pleased to disposed of the said Original Application with the following directions: ``
ln 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 Transfer Policy dated 24-04-2023 and accommodate the applicant, suitably, in terms of Communication No. DyDEO/Kth/2025-26/876-79 dated 05-08- 2025 (annexed at Annexure A-3 of this petition) in Govt. Middle School Malipath, Kishtwar where the posts are lying vacant on where the applicant was working and nobody has been posted against the said post.
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.
Till final disposal of the representation, the applicant is allowed to continue his duties at his present place of posting i,e. GovtE Middle School Malipath, Kishtwar, if nobody has joined at his place and if someone has joined then, no coercive action shall be taken against him till then.
" Whereas, the Chief Education Officer, Kishtwar, vide Communication No. CEOK/Legal/2026/40337-340 dated 31-03-2026, has reported that in compliance with the Hon'ble Tribunal's direction dated 18-08-2025, the applicant has been permitted to continue working at Government Middle School Malipath, Zone Kishtwar; and
Whereas, the applicant submitted a representation dated 21-04- 2026 along with medical records indicating that he is suffering from Non Hodgkins Lymphoma (NHL) and has undergone treatment at SKIMS, Soura, Srinagar.
He further stated that his wife is also suffering from cancer; and Whereas, as per the medical certificate issued by the Head of the Department of Radiation Oncology, Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, vide No. SIMS 179 (09) 2026-321 dated 20-04- 2026, the applicant is registered at SKIMS under RCC No. 2270/09 in the Department of Radiation Oncology and is suffering from a life threatening disease, namely Non-Hodgkin Lymphoma (NHL).
It is further evidenced from the medical records issued and maintained by Sir Ganga Ram Hospital, Rajinder Nagar, New Delhi, and the All India Institute of Medical Sciences, that his wife is also a known case of cancer, Now, therefore, in compliance with the order dated 18-08-2025 passed by the Hon'ble Central Administrative Tribunal, Jammu Bench, passed in O.A. No. 1242/2025 titled Abid Hussian Zargar V/s U.T. of J&K & Ors., and upon careful consideration of the applicants medical condition as well as that of his wife, and in light of 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 the applicant namely, Abid Hussian Zargar, Teacher, is hereby modified.
He is directed to be retained at Government Middle School, Malipath, Kishtwar any available post in the said school or against the post that has fallen vacant due to the retirement of Mr. Nissar Hussain Butt, Teacher, on 30-04-2026.
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