Jammu, Sep 20: In O.A./1320/2026 (JAMMU) titled DEV RAJ Vs SCHOOL EDUCATION DEPARTMENT after hearing DB of CAT ordered as under:-
Learned counsel for the applicant has stated that impuged Government Order No. 369- JK(Edu) of 2026 dated 09.09.2026 passed by the respondent no. 2 is not in consonance with the direction given by this Tribunal vide order dated 02.02.2026 in O.A. No. 60 of 2026 filed earlier by the applicant, in as much as, the applicant who is a single parent of two young daughters and is more than 59 years of age, has been transferred from HSS Chiralla, Doda to HSS Khaned, Udhampur, in violation of clause 18 and 19 of the Transfer Policy.
It is further submitted by learned counsel for the applicant that applicant is left with only 10 months of service and he will be subjected to great hardship as vide impugned order, he has been transferred to a place which is at a distance of 130 kms from his residence.
It is further stated that presently seven posts of Principal are lying vacant in District Udhampur including Government Girls Higher Secondary School Udhampur, Government Higher Secondary School Majalta, and Government Higher Secondary School, Dehari and the applicant may be posted in the aforesaid schools in order to mitigate his hardship.
While concluding the arguments, learned counsel for the applicant stated that till date applicant has not been relieved from his present place of posting and prayed that order impugned may kindly be stayed.
Admitted Issue notices to the respondents.
Mr. Sudesh Magotra, learned AAG appears and accepts notices on behalf of the respondents. Learned AAG prays for and is granted three weeks time to file reply/objections to the O.A. List this case on 12.10.2026.
Meanwhile, as an interim measure, subject to objections of the other side and till next date of hearing, the operation of impugned order dated 09.09.2026 shall remain stayed.
However, the applicant is at liberty to file representation before the Commissioner cum-Secretary, School Education Department (Respondent no. 1) for redressal of his grievance as projected in the O.A. and on its filing, same be decided within a period of two weeks.
Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J)
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