Central Administrative Tribunal - Srinagar
Shahid Majid Monga vs Uts Jammu And Kashmir on 1 April, 2026
[1] O.A. No. 254 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 254 OF 2026
(Srinagar, 01st day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Shahid Majid Monga Age 36 S/o Ab Rashod Monga R/o
Zanipora Boniyar Pin 193101
2. Raja Javid Ahmad Khan Age 35 S/o Altaf ah Khan R/o
Trikanjam Boniyar Baramulla Pin 193122
3. Maqsood Ah Lone Age 40 S/o Ab Aziz Lone R/o Limber
Boniyar A/p Delina Baramulla Pin 193103
4. Naseer Ah Khan Age 40 years S/o Sharbat Hussain Khan R/o
Ahtishampora A/P Kanispora Baramulla Pin 193103
5. Abdul Majeed Kumar Age 42 years S/o Mohd Abdullah
Kumkar R/o Manjgram Boniyar Baramulla Pin 193122
6. Reyaaz Ahmad Shiekh Age 38 S/o Fateh Mohd Shiekh R/o
Kanispora Baramulla, Pin 193103
7. Abdul Majeed Lone Age 40 years S/o Gh Qadir Lone R/o
Janzpora Baramulla Pin 193101
............. Applicants.
By Advocate:- Mr. Bhat Fayaz along with Mr. Mohd. Asim.
Versus
1. UT of J&K through Commissioner/ Secretary to Education
Civil Secretariat Srinagar /Jammu E mail: Edu.nic.in Pincode
190009
2. Director School Education Kashmir E mail: Dsek.nic.in Pin
code 190009
3. Chief Education Officer Baramulla. E mail: ceobla.nic.in Pin
code :- 190009
........... Respondents.
[2] O.A. No. 254 of 2026
By Advocate:- Mr. Satinder Singh, AAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- The applicants seven (07) in number have filed the instant O.A. Since, the cause of action and the reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of CAT (Procedure) Rules, 1987, is allowed.
2. Through the medium of the instant O.A., the applicants seek the following reliefs:
a. Quash the impugned order dated 24.03.2026 (Order No. CEO-BLA/STTO-BLA/TS8/ 7380-94) to the extent it affects he applicants.
b. Direct the respondents to allow the applicants to continue at their present place of posting in terms of Order No. 112- CEO-BLA of 2023 dated 07.07.2023.
c. Declare that the impugned action of "deployment" for a fixed period is illegal, arbitrary, and dehors the governing service rules;
d. Direct the respondents to strictly adhere to the transfer policy notified vide Government Order No. 861-GAD of 2010 while effecting any transfer of the applicants; e. Direct the respondents to explain under what provision of law the applicants have been subjected to long-term deployment instead of a formal transfer; f. Direct the respondents to consider repatriation of those [3] O.A. No. 254 of 2026 teachers who are appointed under scheme-specific posts (RRT/SSA) and are not holding transferable posts.
3. The applicants herein are aggrieved by an Order dated 24.03.2026, whereby they have been deployed from their present place of posting to new place of posting in Zone Jullah. As stated, their deployment has been in various border areas, adjoining the Line of Control.
4. Learned counsel for the applicants, Mr. Bhat Fayaz along with Mr. Mohd. Asim, submit that the respondents, under the garb of administrative exigency, have accommodated some blue-eyed candidates, who have deliberately avoided joining their postings in border areas. He submits that the applicants have been treated differently, where despite being senior and regular employees, they have been posted to hard zone areas.
5. Learned counsel for the applicants has filed the O.A. on various grounds as have been urged in the O.A. The primary ground as urged is that the applicants are holding transferrable posts and are governed by the Transfer Policy issued vide Government Order No. 103-JK (EDU) of 2023 dated 24.04.2023. However, as stated, the respondents have bypassed the [4] O.A. No. 254 of 2026 established norms and used the word 'deployment' which is unlawful.
6. Admittedly, Courts have a very limited power to interfere in the matters of transfer and it is always for the competent authority to post an employee in the public and administrative interest and once an employee has accepted public employment, he has no right to be posted at a place of his choice. To this effect, I am fortified by a catena of judgments:
1. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
2. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
3. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;
4. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
5. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
6. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574;
7. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
8. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
9. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
10. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178;
11. State of Haryana and others vs. Kashmir Singh and another, (2010) 13 SCC 306;
12. Anita Sharma vs. State of J&K 2019 Legal Eagle 489
13. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
14. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
15. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
16. Union of India and others vs. Janardhan Debanath and [5] O.A. No. 254 of 2026 another, (2004) 4 SCC 245;
17. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
18. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;
19. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299;
20. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
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
7. Mr. Satinder Singh, learned AAG, appearing for the respondents, submits that the impugned order has been passed as a routine order in the interest of public and administration.
8. Learned counsels for the applicants submit that the applicants have also filed a representation before the respondent- Chief Education Officer, Baramulla. The same is appended as Annexure A5 Page 37 of the O.A. However, the same has not been redressed till date. It is apt to mention here that the respondents being the first responder should have disposed of the representation, if any, filed by the applicants. It is an assurance to the applicants that an ear has been given to their grievances and they are being heard.
9. Heard learned counsel for the parties.
10. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.
[6] O.A. No. 254 of 2026
11. The O.A. is disposed of by providing that the respondents shall treat this O.A. as representation along with the representation reportedly pending before the respondent- Chief Education Officer, Baramulla, who shall consider and dispose of the same in accordance with law. The above exercise shall be done by passing a speaking and reasoned order within a period of three weeks positively from the date a certified copy of this order is served upon the respondents. Further, for three weeks, the impugned deployment order shall not be given effect to and the applicants shall be allowed to continue at their original places of posting, i.e., prior to passing of the impugned order. Any delay in disposal of the representation shall be attributable to the respondents. Accordingly, the registry of this Court be kept informed as regards the disposal of the representation, without fail.
12. Accordingly, O.A. No. 254/2026 is disposed of along with all connected M.A.s, if any.
13. No order as to costs.
(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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7 b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= Court Master b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8 PUNIA b756eb, CN=ABHISHEK PUNIA Reason: I am the author of this document Location:
Date: 2026.04.02 15:24:56+05'30' Foxit PDF Reader Version: 2025.2.0 01.04.2026