Anjum Ara vs Union Territory Of Jammu And Kashmir & Ors

Rajinder Singh Dogra, Member J

The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“i. Issue a Writ of Mandamus directing the Resporidents to extend the deployment of the Applicant at GPS Banderna, Zone Nagseni, as ordered vide Order dated 31.05,2025, for a further period of at least 2-3 years on medical grounds;

ii. Issue a direction restraining the Respondents from dislocating or transferring the Applicant from her present place of posting at GPS Banderna, Zone Nagseni, pending decision on her, representation and during the extended period;

iii. Direct the Respondents to decide the Applicant's pending representation within a time-bound manner, say within 4 weeks. (d) Award costs of the application in favour of the Applicant. (e) Pass any other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case;

Grant any other relief as deemed just and proper in the facts and circumstances of the case.”

At the outset, learned counsel for the applicant submitted that the applicant would be satisfied if this Original Application is disposed of with the direction to the respondents to treat this OA as a representation and decided the same within a stipulated time period.

Considering the limited prayer made by the learned counsel for the applicant, it is deemed appropriate to dispose of the instant Original Application with direction to the respondents to treat a copy of this Original Application as a formal representation of the applicant for extending her deployment at GPS Banderna, Zone Nagseni, as order vide order dated 31.05.2025 for a further period of 2-3 years, keeping in view her adverse medical condition. Respondents shall take a sympathetic view while considering her case, and pass a reasoned and speaking order.

Until the representation of the applicant is pending before the respondents, the applicant shall be permitted to continue to perform her duties at present place of posting i.e. GPS Banderna, Zone Nagseni, if no one had joined at her place. In case, someone had joined, then she may avail leave, and no coercive action shall be taken against her.

Respondents shall complete the entire exercise within six weeks from the date of receipt of a certified copy of this order.

In view of the foregoing, the Original Application is disposed of with the above directions. No order as to costs.