Central Administrative Tribunal - Srinagar
Mohammad Sajad Tass vs School Education Department on 24 April, 2026
[1] O.A. No. 377 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 377 OF 2026
(Srinagar, 24th day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Mohammad Sajad Tass, Age 31 years, S/o Mohammad Shafi
Tass, R/o Gogji Bagh, Jawahar Nagar, District Srinagar, Pin
Code 190008.
............. Applicant.
By Advocate:- Mr. Yavar Ramzan.
Versus
1. UT of J&K Through Principal Secretary to Government,
School Education Department, Civil Secretariat, Srinagar,
J&K, PIN: 190008.
2. Director School Education Kashmir, M.A Road Srinagar, J&K,
PIN: 190008.
3. Chief Education Officer Baramulla, MiniSecretariat,
Baramulla, J&K, PIN: 193101.
4. Zonal Education officer Uri, Tehsil Uri, District Baramulia,
J&K, PIN: 193123.
........... Respondents.
Digitally signed by ABHISHEK PUNIA
By Advocate:- Mr. Satinder Singh, AAG.
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And
Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=
ABHISHEK PUNIA
PUNIA
Reason: I am the author of this document
Location:
Date: 2026.04.25 11:51:44+05'30'
Foxit PDF Reader Version: 2025.2.0
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant seeks following reliefs: [2] O.A. No. 377 of 2026
a. In the Interest of the welfare of the Applicant's family and for the preservation of family integrity Present Application for transfer be allowed by directing the Respondent No.1 i.e. Commissioner/Secretary to Government, Department of School Education, UT of J&K to Transfer Applicant from his present place of posting i.e. Middle School Sahoora, Uri, (Zone V) to Srinagar in order to enable the Applicant discharge his responsibilities towards his elderly mother, spouse, and infant child and given the presence of the fact that the Applicant has since his appointment in 2016 been posted only in hard/remote zone and has already rendered 10 years of continuous uninterrupted service in such hard/remote zone and in view of the transfer policy in vogue.
b. Pass such Order(s) or Direction(s) that this Hon'ble Tribunal deems just and proper to pass/issue in the interests of justice in the attendant facts and circumstances of the case.
2. As stated in the O.A. and submitted by learned counsel for the applicant, Mr. Yavar Ramzan, the applicant was appointed as General Line Teacher in the year 2016 and was posted at Uri Zone. The applicant is presently posted at Boys Middle School Shoora, Tehsil Uri, District Baramulla. The applicant got married in the year 2020 and his wife is a Laboratory Assistant in Skill Development Department Kashmir and is currently working at Government Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.25 11:51:44+05'30' Foxit PDF Reader Version: 2025.2.0 Polytechnic College Srinagar and due to her duties she has to stay at Srinagar. Additionally, the applicant is also a father of fifteen months old child and her wife is not able to take care of her old aged widow mother alone.[3] O.A. No. 377 of 2026
3. Learned counsel for the applicant submits that the applicant has already moved a number of representations before the respondents seeking his inter-district transfer to Srinagar. However, no decision has ever been taken on his prayers. He further submits that vide communication dated 03.02.2026, the applicant's request was forwarded by Director School Education Kashmir to Commissioner/Secretary School Education. However, the same is suffering delay and as such the applicant has filed the instant O.A.
4. In order to buttress his arguments, learned counsel for the applicant has relied upon the Transfer Policy issued vide Order dated 24.04.2023. He has laid reliance upon the General Principle 3 & 7. The same are reproduced hereunder:
3. Zonation/Tenure i. Zone-I, II and III shall ordinarily be three (03) years, at a particular school.
ii. Zone-IV and V shall ordinarily be two (02) years and ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA one (01) year respectively, at a particular school. PUNIA Reason: I am the author of this document Location:
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7. An employee who has served in Zone-V will preferably be given posting in Zone-I and II to the extent possible.
5. Learned counsel for the applicant has relied upon Principle 16 under Section C which reads as under:[4] O.A. No. 377 of 2026
C. Special consideration shall be accorded subject to administrative efficacy as follows:
16. Where both the husband and wife are in Government service, they may be posted conveniently as far as practicable, subject to availability of post(s).
6. Law is also settled that once an employee accepts the employment, he has to serve wherever the employer so chooses, however, the same has to be in the interest of public and in the administrative interest. At the same time, if an employee has a genuine grievance as regards his/her transfer, the employee can very well represent before the competent authority seeking the consideration of his/her posting, and the competent authority is duty bound to dispose of the same in the given facts and circumstances, and if it is found that the problem of the employee is genuine, it can be very easily considered by the competent authority.
7. The law is no more res-integra that the scope of the Courts ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA as far as the order of transfer is concerned is very limited. The PUNIA Reason: I am the author of this document Location:
Date: 2026.04.25 11:51:44+05'30' Foxit PDF Reader Version: 2025.2.0 law is settled that the transfer is an exigency of service and no employee has a vested right to be posted at a place of his choice.
To this effect, I am fortified by the catena of judgments:
1. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;[5] O.A. No. 377 of 2026
2. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
3. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
4. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574
5. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
6. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
7. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
8. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
9. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
10. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
11. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
12. Union of India and others vs. Janardhan Debanath and another, (2004) 4 SCC 245;
13. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
14. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;
15. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299;
16. Anita Sharma vs. State of J&K 2019 Legal Eagle 489
17. Mohammad Yaqub v. State of J&K 1984 SLJ 167
18. Syed Hilal Ahmad & Ors. v. State 2015 (3) JKJ 398
19. National Hydroelectric Power Corporation v. Shri Bhagwan 2008 (8) SCC 574
20. Union of India v. Gh. Mohd. Sheikh 1998 SLJ JK 175
21. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
22. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
23. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178;
24. State of Haryana and others vs. Kashmir Singh and another, (2010) 13 SCC 306;Digitally signed by ABHISHEK PUNIA
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
8. Heard learned counsel for the parties.
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9. At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
10. The O.A. is disposed of by providing that the respondent [6] O.A. No. 377 of 2026 shall treat this O.A. as a representation. The respondent/competent authority i.e. the Director, School Education Kashmir, shall decide the representation in accordance with law on its merits and pass appropriate orders within a period of six weeks. The respondents shall decide the case of the applicant while keeping in view the communication dated 03.02.2026 as also the Transfer Policy dated 24.04.2023. Accordingly, the registry of this Court shall be kept informed about the disposal within the aforesaid period and any delay in disposal of the representation shall be attributable to the respondents.
11. Accordingly, O.A. No. 377/2026 is disposed of along with all connected M.A.s, if any.
12. No order as to costs.
(M.S. Latif) Member (Judl.) ABHISHEK Digitally signed by ABHISHEK PUNIA Abhishek Punia DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone=e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= Court Master ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.25 11:51:44+05'30' Foxit PDF Reader Version: 2025.2.0 24.04.2026