Malikzada Ajaz Ul Haq 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. To Quash the Government Order No. 75-JK (Edu) of 2026 dated 17.02.2026 issued by respondent no. 1, qua the applicant, wherein the name of the applicant is figuring at S.No. 92;

ii. To direct the respondents to allow the applicant to perform her duties at his present place of posting i.e. Govt. Girls Model Higher Secondary School, Rajouri till the final disposal of the above titled O.A;

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.”

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.

In light of the limited prayer advanced by the learned counsel for the applicant, it is deemed appropriate to dispose of the instant Original Application with the following directions to the respondents:

i. Treat a copy of this Original Application as the applicant's formal representation.

ii. Consider his case, bearing in mind his disability/ adverse medical condition, the relevant provisions of the Transfer Policy; the fact that less than two years remain until his retirement, and the recommendation of Respondent No. 3 to retain him at Rajouri.

iii. Note also that the person sent in his place is set to retire within a week.

The respondents shall take a sympathetic view while deciding the case and pass a reasoned and speaking order after considering all averments made by the applicant, and communicate a copy thereof to him.

Until the representation of the applicant is pending before the respondents, the applicant shall be permitted to continue to perform his duties at present place of posting i.e. Govt. Girls Model Higher Secondary School, Rajouri, if no one had joined at his place. In case, someone had joined, then he may avail leave of any kind due, and no coercive action shall be taken against him.

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.