Central Administrative Tribunal - Srinagar
Mujtaba Khalil Lone vs Education on 9 April, 2026
[1] O.A. No. 301 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 301 OF 2026
(Srinagar, 09th day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Mujtaba Khalil Lone, Age 43 Years S/o Mohd Khalil Lone R/o
Khandiyal, Gurez, Bandipora, Pin Code: 193503
(Originally posted at Khandiyal, Zone Gurez, District
Bandipora)
(Presently working at BMS Markoot / Middle School
Panzgam)
............. Applicant.
By Advocate:- Mr. Waseem Ramzan Lone.
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: 2026.04.10 15:49:39+05'30'
Foxit PDF Reader Version: 2025.2.0
Versus
1. Union Territory of Jammu & Kashmir Through
Commissioner/Secretary to Education Department, Civil
Secretariat Srinagar/Jammu, Pin Code: 190001
2. Director School Education Kashmir, Srinagar, Pin Code:
190001
3. Chief Education Officer, Bandipora, Pin Code: 193502
4. Deputy Chief Education Officer, Bandipora, Pin Code:
193502
5. Zonal Education Officer, Gurez, Bandipora, Pin Code: 193503
6. Zonal Education Officer, District Bandipora, Pin Code:
193502
7. Head Teacher, Government Middle School Panzgam,
Bandipora, Pin Code: 193503
........... Respondents.
By Advocate:- Mr. Satinder Singh, AAG.
[2] O.A. No. 301 of 2026
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant seeks following reliefs:
a. Quash and set aside the impugned order dated 19.02.2026 issued by the Chief Education Officer, Bandipora, whereby the utilization /transfer of the applicant has been cancelled and he has been directed to report to his original place of posting, being illegal, arbitrary, without jurisdiction and violative of settled service norms. b. Direct the respondents to allow the applicant to continue at his present place of posting i.e. Middle School Panzgam, in light of his medical condition and the earlier order dated 30.12.2025 passed by the competent authority. c. Pass any other or further order(s) which this Hon'ble Digitally signed by ABHISHEK PUNIA Tribunal may deem fit and proper in the interest of justice 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:
2. What emerges from the pleadings made in the O.A. is that Date: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 the applicant was engaged as Rahbar-e-Taaleem Teacher in the respondent department and was subsequently, regularized as a Teacher. The original place of posting of the applicant was Khandiyal, Gurez, Bandipora. However, vide order dated 30.12.2025, on rationalization basis, the applicant's services were utilized at Middle School Panzgam, Bandipora.
3. Learned counsel for the applicant, Mr. Waseem Ramzan Lone, submits that the applicant is suffering from various medical ailments and has been examined by the Medical Board, which had advised him to avoid strenuous physical activity, long-distance [3] O.A. No. 301 of 2026 travel and movement involving uphill and downhill terrain. In view of the same, the applicant has annexed a medical certificate issued by the Chairman, District Medical Board, Banidpora, dated 01.04.2026, wherein it is averred that the applicant is suffering from Chronic LBA with Rt. Leg Radiculopathy.
4. The applicant is aggrieved of the impugned Order dated 19.02.2026, whereby the deployment of the applicant has been cancelled and he is directed to resume his duties at his original place of posting, i.e., Khandiyal, Gurez, Bandipora.
5. The applicant has challenged the impugned order on various 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: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 grounds. The star ground on which the applicant is seeking relief is that he is suffering from Chronic LBA with Rt. Leg Radiculopathy and has been advised to avoid strenuous physical activity, long-
distance travel, and movement involving uphill and downhill terrain.
6. Law is no more res integra 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 [4] O.A. No. 301 of 2026 matters of 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 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, 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: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 AAG, submits that the applicant was engaged as a ReT and it is an appointment which is area specific. The scheme was designed with the objective to provide doorstep education for students to residing in far-flung areas and, if every teacher comes up or if every teacher represents for the posting of their own choice, it would result in shortage of teaching staff in the far-flung areas. Ultimately, it will affect the educational standards of the region.
8. Needless to say that transfer is an exigency of service and the competent authority is the best judge to utilize the services of an employee. To this effect, I am fortified by a catena of [5] O.A. No. 301 of 2026 judgments:
1. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
2. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
3. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
4. Union of India and others vs. Janardhan Debanath and another, (2004) 4 SCC 245;
5. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
6. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
7. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178;
8. State of Haryana and others vs. Kashmir Singh and another, (2010) 13 SCC 306
9. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
10. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
11. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Digitally signed by ABHISHEK PUNIA Supp (2) SCC 659;
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of
12. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357; 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: 2026.04.10 15:49:39+05'30'
13. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan Foxit PDF Reader Version: 2025.2.0 and Shiv Prakash, (2001) 8 SCC 574;
14. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;
15. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
16. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;
17. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) SCC 214;
18. Anita Sharma vs. State of J&K 2019 Legal Eagle 489;
19. Mohammad Yaqub v. State of J&K 1984 SLJ 167
20. Syed Hilal Ahmad & Ors. v. State 2015 (3) JKJ 398
21. National Hydroelectric Power Corporation v. Shri Bhagwan 2008 (8) SCC 574 ;
22. Union of India v. Gh. Mohd. Sheikh 1998 SLJ JK 175;
23. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299 &
24. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
9. Heard learned counsel for the parties and perused the contents of the O.A.
10. At the request of learned counsel for the applicant, the O.A. [6] O.A. No. 301 of 2026 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.
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.
Digitally signed by ABHISHEK PUNIAABHISHEK 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: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 (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 Panzgam, Bandipora. 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.
12. While parting, this Court has observed that it has become a trend for all those teachers working in Bandipora, who are otherwise required to work at Gurez, that they take refuge under [7] O.A. No. 301 of 2026 medical certificates, and the issuance of medical certificates by the Chairman, District Medical Board, Bandipora, in each and every case casts aspersions.
13. This Court has observed that in all cases where the teachers, who have been deployed at Bandipora and thereafter their deployment orders get cancelled, each and every such petitioner and petition is backed by a Medical Certificate issued by the Medical Board. Needless to say, if such is the procedure for issuance of medical certificates, particularly in the District Bandipora, this Court is afraid that schools in Gurez will be 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: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 unmanned by teachers, thereby depriving the students of the far-
flung areas of their Right to Education.
14. This Court would like to direct the Director, Health Services, Kashmir, to look into the matter and submit a detailed report before the Court and also place all the records before the Court pertaining to the issuance of medical certificates by the District Medical Board, Bandipora, particularly in the case of these ReTs / Teachers working in Bandipora.
15. Registry is directed to list this case for report of the Director, Health Services Kashmir, which must reach this Court positively [8] O.A. No. 301 of 2026 within a period of 10 days along with all the record. Learned AAG, Mr. Satinder Singh, is directed to ensure that copy of this order is served to the Director, Health Services Kashmir, for compliance.
16. Accordingly, the registry of this Court is directed to list this case on 14.05.2026.
17. Accordingly, O.A. No. 301/2026 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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, Court Master CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.10 15:49:39+05'30' Foxit PDF Reader Version: 2025.2.0 09.04.2026