Central Administrative Tribunal - Srinagar
Hussaina Banoo vs Education on 8 April, 2026
[1] O.A. No. 286 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 286 OF 2026
(Srinagar, 08th day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Hussaina Banoo Aged 45 years W/o Mohd Saleem Dar R/o
Gurez Bandipora A/P Kralapora Budgam
............. Applicant.
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b
25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b
756eb, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.08 14:32:50+05'30'
Foxit PDF Reader Version: 2025.2.0
By Advocate:- Mr. Altaf Mehraj.
Versus
1. Union Territory of Jammu & Kashmir through Commissioner
Secretary to Govt. School Education Department Civil
Secretariat Srinagar / Jammu, PIN Code 190001. Email Id:
edu-jk @nic.in
2. Director School Education Department, Moulana Azad Road
Srinagar Health Services, Kashmir, Old Secretariat, Srinagar
Pin Code 190001. Email Id : [email protected]
3. Chief Education Officer Bandipora Mini-Civil Secretariat
Bandipora Pin code 193502 Email: [email protected]
4. Zonal Education Officer Gurez, Pin Code 193503 E-mail:
[email protected]
5. Zonal Education Officer Sumbal Bandipora, Pin Code 193501
E-mail: [email protected]
........... Respondents.
By Advocate:- Mr. Satinder Singh, AAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium [2] O.A. No. 286 of 2026 of the instant O.A., the applicant seeks following reliefs:
a. Allow this Original Application and quash / set aside the order bearing NO. CEO/BPR/ESTT/026/1277-82 dated 19- 02-2026, issued by Respondent No. 3 to the extent of the Applicant.
b. Issue directions directing the Respondents to allow the applicant file a detailed Representation along with the medical Record of her husband and to consider the same while assessing the deployment of the Applicant outside the educational zone Gurez and to allow the applicant to continue dispensation of her services in educational zone Sumbal Bandipora.Digitally signed by ABHISHEK PUNIA
c. Pass any other order or direction which this Hon'ble ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Tribunal may. deem fit and proper also be issued in favour Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
of the Applicant and against the Respondents Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0
2. What emerges from the pleadings made in the O.A. is that the applicant was engaged as Rahbar-e-Taaleem Teacher in the respondent department and was posted in Govt. Middle School Markoot, Gurez. Subsequently, the applicant was regularized as Teacher-II.
3. Learned counsel for the applicant, Mr. Altaf Mehraj, submits that the husband of the applicant is suffering from various medical ailments especially from urethral stricture with urethroplasy and is undergoing dilatation at Urology SKIMS. In view of the same, the applicant represented before the competent authority seeking her deployment out of Gurez Bandipora region. On the basis of the representation, the competent authority while acknowledging the health conditions of the applicant's husband, deployed the [3] O.A. No. 286 of 2026 applicant to render her services in Education Zone Sumbal Sonawari in the year 2025. As such, the applicant was placed as a Teacher in Middle School Shahtulpora Sumbal Bandipora.
4. The applicant is aggrieved of the impugned Order dated 19.02.2026, whereby the deployment of the applicant has been cancelled and she is directed to resume her duties at her original place of posting, i.e., Govt. Middle School Markoot Gurez.
Digitally signed by ABHISHEK PUNIAABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0
5. The applicant has challenged the impugned order on various grounds. The star ground on which the applicant is seeking relief is that her husband is suffering from urethral stricture with urethroplasty and is on dilatation at Urology SKIMS. To this effect, the applicant has placed on record a certificate of the Medical Board, Bandipora, dated 06.03.2026 issued by the Chairman, District Medical Board, Bandipora, whereby it is stated that the disease is life-long in nature.
6. Law is well settled that an employee does not have a right to seek placement at a place of his/her choice and these things are left to the administrators who are at the helm of affairs to place an employee in the public and administrative interest and Courts have a very limited power to interfere in the matters of [4] O.A. No. 286 of 2026 transfer. 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 recall or reconsideration 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 Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0 competent authority. It is not for the Courts to assess the suitability or the health condition or otherwise of an employee.
7. Learned counsel for the respondents, Mr. Satinder Singh, AAG, submits that the applicant was engaged as a ReT and it is an appointment which is area specific and the concept of the scheme of the ReT was only to provide doorstep education to the students of far flung areas and if every teacher comes up or if every teacher represents for the posting of their choice, the schools in the far flung areas will remain without teachers. Ultimately, it will tell upon the educational standard of the area. It is for this reason that the scheme was formulated.
8. Needless to say that transfer is an exigency of service and the competent authority is the best judge to utilize the services [5] O.A. No. 286 of 2026 of an employee. To this effect, I am fortified by a catena of judgments:
1. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
2. Union of India and others vs. Janardhan Debanath and another, (2004) 4 SCC 245;
3. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
4. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
5. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178;
6. State of Haryana and others vs. Kashmir Singh and another, ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b (2010) 13 SCC 306
7. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0
8. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
9. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
10. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
11. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
12. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
13. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574;
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. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
17. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
18. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;
19. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
20. Anita Sharma vs. State of J&K 2019 Legal Eagle 489;
21. Mohammad Yaqub v. State of J&K 1984 SLJ 167
22. Syed Hilal Ahmad & Ors. v. State 2015 (3) JKJ 398
23. National Hydroelectric Power Corporation v. Shri Bhagwan 2008 (8) SCC 574 &
24. Union of India v. Gh. Mohd. Sheikh 1998 SLJ JK 175
9. Heard learned counsel for the parties and perused the contents of the O.A. [6] O.A. No. 286 of 2026
10. At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
11. The O.A. is disposed of by providing that the respondent 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 accordingly.Digitally signed by ABHISHEK PUNIA
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0 While disposing of the representation, the Director, School Education Kashmir, shall take note of the judgment passed by the Division Bench of the Hon'ble Central Administrative Tribunal Jammu Bench in the case titled as Jyoti Gupta v. UT of J&K & Ors.
(O.A/161/2023) reported in 2024 Supreme Online CAT 16793.
Further, for three weeks, the impugned deployment order, as it relates to the applicant, shall not be given effect to. Further, for the aforesaid period, the applicant shall be allowed to continue at Zone Sumbal Sonawari. While parting, it is made clear that the Director, School Education Kashmir, shall make every endeavour to dispose of the representation within three weeks positively.
Accordingly, the registry of this Court shall be kept informed about the disposal within the aforesaid period and any delay in disposal [7] O.A. No. 286 of 2026 of the representation shall be attributable to the Office of the Directorate of School Education Kashmir.
12. Accordingly, O.A. No. 286/2026 is disposed of along with all connected M.A.s, if any.
(M.S. Latif) Member (Judl.) Abhishek Punia Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= Court Master b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.08 14:32:50+05'30' Foxit PDF Reader Version: 2025.2.0 08.04.2026