Central Administrative Tribunal - Srinagar
Mymoona Bano vs School Education Department on 22 December, 2025
[1] T.A. No. 129 of 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
T.A. NO.: 129 OF 2025
(Srinagar, 22nd of December 2025)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Maymoona Bano, Age 38 years, D/o Ali Mohammad Sheikh,
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:
R/o Kanigund Beerwah Budgam, at present Chichilora,
Date: 2025.12.23 16:31:26+05'30'
Foxit PDF Reader Version: 2025.2.0
Magam.
........... Applicant.
By Advocate:- Mr. S. N. Ratanpuri.
Versus
1. State of Jammu & Kashmir through Commissioner/Secretary
to Govt. School Education Department, Civil Secretariat,
Srinagar/Jammu.
2. Director School Education, Kashmir, Srinagar.
3. Chief Education Officer, Budgam.
4. Zonal Education Officer, Beerwah.
5. Zonal Education Officer, Magam.
........... Respondents.
By Advocate:- Mr. Satinder Singh, AAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- The instant Writ Petition was initially filed before the Hon'ble High Court of J&K in the year 2018 wherein the applicant seeks for the following reliefs: [2] T.A. No. 129 of 2025
a. Writ of Certiorari, for quashing the order impugned bearing No. CEOB/Estt/18/12833-46 dated 21.08.2018 issued by the Respondent No. 3 as also quash the order bearing No. ZEO/M/18/382-91 dated 28.08.2018, issued by Respondent No. 5 as contained in ANNEXURE-D). b. Writ of Mandamus, commanding the respondents to allow the petitioner to perform her duties in Primary School Buihama (zone Magam) on the available post, on which she is continuously working since 2014.
c. Writ of Mandamus, commanding the respondents not to Digitally signed by ABHISHEK PUNIA disturb the present arrangement of the petitioner in view ABHISHEK of her serious health ailment and allow her to perform her 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 duties in Primary School Buihama (zone Magam) and pay Location:
Date: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 her salary regularly, without any let or hindrance. d. This Hon'ble Court may pass any other writ, order or direction which it deems just and proper under the facts and circumstances of the case in favour of the petitioner and against the respondents.
2. What emerges from the pleadings made in the Writ Petition is that the petitioner was appointed as ReT in Primary School, Kanigund, Zone Beerwah, District Budgam and subsequently on completion of five years of service as ReT, the petitioner came to be regularized and appointed as General Line Teacher. However, unfortunately, as stated, the petitioner developed a disease known as "TTH Demyelinating Disease", which as stated, is a condition that results in damage to the protective covering (myelin sheath) that surrounds nerve fibers in the brain, optic nerve and spinal cord, as a result of which, the nerve impulses slow or even stop, causing neurological problems.
[3] T.A. No. 129 of 2025
3. It is next stated in the O.A. that the petitioner during her service got married outside her village i.e. Chichilora, Magam, and due to the ailment, the petitioner was not in a position to travel every day from her place of residence.
4. The petitioner has thrown challenge to the order of the Chief Education Officer, Budgam by virtue of which all such 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: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 ReTs/RReTs who had been transferred from their original place of posting to other zone and within zones and other districts by erstwhile CEOs of District Budgam were directed to join their original place of posting with immediate effect as their transfer had taken place in transgression SSA norms and as a result of the same, the petitioner also got affected, as her present place of posting was changed from PS-SSA Kanigund to PS-SSA Buihama (Zone Magam) on the available post.
5. The Hon'ble High Court of J&K, on 30.08.2018, passed an order wherein the orders dated 21.08.2018 and 28.08.2018, respectively, came to be stayed and the petitioner was allowed to perform her duties in Primary School Buihama, Zone Magam. The aforesaid order of the Hon'ble High Court of J&K dated 30.08.2018 was extended by an order dated 07.08.2025 when the case was [4] T.A. No. 129 of 2025 transferred to this Court. Thereafter, none appeared for the petitioner on many occasions and even on last date of hearing i.e. 27.11.2025, none appeared.
6. Today, the matter came up for consideration. Mr. Satinder Singh, learned AAG appearing for the respondents submits that reply stands filed in the matter wherein it has been prayed that 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: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 the instant Writ Petition be dismissed for the reasons that it is not the convenience of the teacher appointed under ReT/SSA scheme which is to be considered but it is the convenience of the students, who are ensured under the constitution to get quality education at their door steps and if the teachers engaged under the said scheme in far-flung areas are transferred to other areas of their choice and taste, the schools in far flung areas will suffer and the basic purpose of the scheme will be defeated.
7. Mr. Satinder Singh, learned AAG while further submitting his arguments submits that the ReTs/SSA were only meant to boost in the academics of schools falling in remote rural areas where the students suffer for want of sufficient teaching staff. He submits that even otherwise Courts have a very limited power to interfere in orders of transfer or adjustments, as once an employee has [5] T.A. No. 129 of 2025 accepted the Government employment, it is not for the employee to seek posting of his/her choice particularly when teachers have been appointed for teaching in far flung areas. He submits that the applicant herein has been enjoying her stay past seven years in view of the orders of the Hon'ble High Court of J&K dated 30.08.2018, at the cost of poor students who otherwise were to be 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: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 imparted education for which the scheme was incorporated.
8. Admittedly, Courts have a very limited power to interfere to exercise its powers of judicial review in the matters of transfer. To this effect, I am fortified by a catena of judgments:
1. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
2. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
3. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
4. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
5. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
6. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
7. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;
8. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
9. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
10. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574;
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;[6] T.A. No. 129 of 2025
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. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178 &
19. State of Haryana and others vs. Kashmir Singh and another, (2010) 13 SCC 306 &
20. Anita Sharma vs. State of J&K 2019 Legal Eagle 489 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=
9. Learned counsel for the petitioner however while rebutting b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 the arguments of learned counsel for the respondents submits that Court is not powerless to interfere. True it may be but as regards the matters of transfer, Hon'ble Apex Court and other Hon'ble High Courts of the country have been very specific that Courts can interfere in orders of transfer, where an order of transfer is passed by an incompetent authority, or the same is mala fide, or is against the statute.
10. Learned counsel for the petitioner submits that the petitioner otherwise is suffering from a disease which according to him is neurological problem. To this effect, certain medical certificates have been appended with the T.A. but the same date back to the year 2013. He submits that the petitioner has already moved a representation before the competent authority in the year 2019 itself when the Writ Petition was filed. However, he [7] T.A. No. 129 of 2025 submits that the same as of now has not been disposed of till date.
11. Admittedly, even an employee has a right to project his or her grievances before the competent authority and the competent authority being the first responder is under a legal obligation to consider and weigh the relative difficulties of the employee keeping in view the public and administrative interest 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: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 as well.
12. Heard learned counsel for the parties at length, perused the contents of the T.A. along with all annexures and the reply filed by the respondents.
13. The T.A. is disposed of by providing that the respondents shall consider and dispose of the representation filed by the petitioner within a period of six weeks, in accordance with law, keeping in view the merits of the case and the law governing the subject. The same exercise shall be done by passing a speaking order. As a consequence, the interim direction dated 30.08.2018 shall stand vacated. However, for six weeks, status quo as on today shall be maintained, as regards the posting of the petitioner. It is expected that the competent authority will with due dispatch pass a speaking order as directed.[8] T.A. No. 129 of 2025
14. Accordingly, T.A./129/2025 is disposed of along with all connected M.A.s, if any.
15. 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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b 25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b Court Master 756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.23 16:31:26+05'30' Foxit PDF Reader Version: 2025.2.0 22.12.2025