Anuradha Sharma vs Union Territory Of Jammu And Kashmir And Others

Tashi Rabstan, J

Petitioner has challenged order impugned No. 1213-DSEJ of 2019 dated 02.11.2019 issued by respondent No.2, Director, School Education, Jammu by virtue of which she has been transferred from Government High School, Brij Nagar, Miran Sahib to HSS, Sarna.

Petitioner present in person before the Court submits that she is suffering from Acute Ulcerative Colitis for which she requires lifelong treatment and follow up at Government Medical College, Jammu. She further states that her order of transfer has been issued without considering her health condition and Medical Certificate issued by Chairman, Standing Medical Board, Government Medical College, Jammu in her favour. It is further submitted that at the present place of posting i.e., Govt. High School, Brij Nagar, Miran Sahib, she was posted as Master (Surplus) on medical grounds and is discharging her duties to the entire satisfaction of her superiors. It is further submitted that in the year 2017, due to the aforesaid disease, the petitioner suffered at a lot, her weight got reduced by 20 kg from actual weight and she remained under specialized treatment of Doctors of Government Medical College, Jammu, PGI, Chandigarh and DMC, Ludhiana. It is also contended that in the month of February, 2019, the respondents vide letter dated 11.02.2019 referred the case of the petitioner for medical examination from Standing Medical Board of doctors constituted by GMC, Jammu and accordingly, the Medical Board examined the petitioner and issued medical certificate dated 09.03.2019 wherein it is opined by the Board that the petitioner is suffering from Ulcerative Colitis and requires lifelong treatment and follow up at GMC, Jammu.

Petitioner present in person submits at the Bar that she would be satisfied, in case this petition is, disposed of, by directing the respondents to reconsider the transfer case of the petitioner on health grounds. It is also submitted that she has submitted a representation dated 03.11.2019 before the respondents, which is pending consideration before them, to which Mr. Aseem Sawhney, learned AAG submits that the respondents will reconsider the transfer case of the petitioner in light of her medical ailments, under rules. Their statements are taken on record.

In the given circumstances and statements made by the petitioner and Mr. Aseem Sawhney, learned AAG, this petition is, disposed of, with a direction to respondent No.2 to reconsider the claim of the petitioner as projected in the petition having regard to Medical Certificate dated 09.03.2019 issued by the Chairman, Standing Medical Board, Government Medical College, Jammu and take a decision in the matter, of course, under rules, within a period of ten days from today, i.e., upto 02.12.2019. Till 02.12.2019, status quo as it exists today shall be maintained.

Disposed of as above along with connected CM.