Central Administrative Tribunal - Jammu
Talib Hussain vs Education on 19 December, 2025
:: 1 :: O.A. No. 61/2029/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
Original Application No. 61/2029/2025
This the 19th day of December 2025
HON'BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
1. Talib Hussain , age 58 years 9 Months S/O Slah Mohd R/O
Village Panihad Tehsil Riatrecika District - Rajouri Pin Code
: 185233.
.....Applicant
RAJAT (Through Advocate: Mr. M I Sherkhan with Masood Chowdhary)
SINGH VERSUS
PATHANIA 1. UT. of J&K Through Commissioner/ Beaaey's to Govt.
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu
Bench, OU=Stenographer Grade D,
PostalCode=180001, L=jammu, S=JAMMU AND
Education Department Civil Secretariat Jammu/Srinagar
Pin code- 180001.
KASHMIR, STREET="Wazarat Road, Opposite
Chief Secretary Camp office Jammu Jandk",
Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b
997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe
8c3bc762c35a192f223826, E=rajat12sp@
2. Director School Education Jammu - Pin Code 180001.
3. Chief Education Officer, Rajouri, Pin Code - 185131.
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document
2025.12.19 16:48:05+05'30'
4. Principal, Higher Secondary School Panihad, Tehsil
Kotranka, District -Rajouri, Pin Code 185233.
.....Respondents
(Through Advocate: Mr. Sudesh Magotra, ld. A.A.G.)
:: 2 :: O.A. No. 61/2029/2025
O R D E R
(Per: Shri Rajinder Singh Dogra, Judicial Member) The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"i. Writ of certiorari quashing the order No.460-DSEJ of 2025 dated 13.12.2025 qua the applicant issued by the Director School Education, Jammu bearing vide which the applicant has been transferred from Govt. Higher RAJAT Secondary School Panihad, Tehsil Kotranka District SINGH Rajouri to Govt. High School Kurhad, zone Peeri which PATHANIA RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu is illegal, arbitrary, discriminatory, issued with malafide Bench, OU=Stenographer Grade D, intention and against the Transfer policy of Education PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe 8c3bc762c35a192f223826, E=rajat12sp@ department issued vide Order No.103/JK Edu of 2023 gmail.com, CN=RAJAT SINGH PATHANIA dated 24.4.2023;
I am the author of this document 2025.12.19 16:48:05+05'30' ii. For commanding and directing the respondents to allow to the applicant to work at Higher Secondary School Panihad from where the applicant transferred and posted at High School Kurhad Peeri and retain the applicant in the Higher Secondary School Panihad on medical grounds till his retirement/superannuation in March 2027 applicant has undergone heart surgery or adjust the applicant on medical grounds in the school situated near the road side and home town of the applicant as the applicant is suffering from heart problem and is unable to travel or walk on foot;
:: 3 :: O.A. No. 61/2029/2025 iii. And may also Quashing the relieving order of the applicant, if the applicant is relieved from his present place of posting;
iv. Writ of prohibition, prohibiting the respondents from the relieving the applicant from his present place of posting;
Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in hand may also be issued in favour of applicant."
RAJAT 2. The applicant is aggrieved of the order No.460-DSEJ of 2025 SINGH dated 13.12.2025 qua the applicant issued by the Director School PATHANIA RAJAT SINGH PATHANIA Education, Jammu bearing vide which the applicant has been C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= transferred from Govt. Higher Secondary School Panihad, Tehsil 53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe 8c3bc762c35a192f223826, E=rajat12sp@ gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document Kotranka District Rajouri to Govt. High School Kurhad, zone Peeri 2025.12.19 16:48:05+05'30'
3. Learned counsel for the applicant submitted that the applicant is a heart patient and he was operated upon in the year 2022 at Medanta Hospital Gurgaon which is evident from the medical record and medical certificates and after verification of medical record properly the applicant was allowed to work in the same school i.e. Higher Secondary School Panihad because the applicant is serving in the same school for the last 9-10 years.
Despite of this, the applicant has been transferred from Zone IV to Zone IV which is again a hard zone.
:: 4 :: O.A. No. 61/2029/2025
4. It is further contended that the applicant is due for retirement, as only 15 months service is left to be rendered, and as per the provisions of Transfer Policy, an employee should be posted conveniently in the last two years of service.
5. Learned counsel for the applicant submitted that the applicant would be satisfied if the present Original Application is disposed of with a direction to the respondents to treat this O.A. RAJAT as a representation and decide the same within a fixed timeframe. SINGH PATHANIA 6. Considering the facts and circumstances of the case and the RAJAT SINGH PATHANIA submissions made by the learned counsel for the applicants, it is C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= deemed appropriate to dispose of the present Original Application 53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe 8c3bc762c35a192f223826, E=rajat12sp@ gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2025.12.19 16:48:05+05'30' with a direction to the respondents to treat a copy of this O.A. as a formal representation of the applicant . The respondents shall pass a reasoned and speaking order after considering the case of the applicant in the light of relevant provisions of the Transfer Policy, and also keeping in view the medical condition of the applicant, and the fact that he is nearing his retirement.
7. The entire exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order.
8. Until the representation of the applicant is pending with the respondents, Govt. Order No. 461-DSEJ of 2025 dated 13.12.2025 shall remain stayed, qua the applicant, and he shall :: 5 :: O.A. No. 61/2029/2025 be permitted to continue to perform his duties at present place of posting i.e. Higher Secondary School Panihad; and in case, someone had joined in place of the applicant, then no coercive action shall be taken against him to join the new place of posting.
9. With the above directions, the Original Application stands disposed of. No order as to costs.
RAJAT SINGH PATHANIA (RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) RAJAT SINGH PATHANIA Administrative Member Judicial Member C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite /RS Pathania/ Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe 8c3bc762c35a192f223826, E=rajat12sp@ gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2025.12.19 16:48:05+05'30'