Stanzin Kunkhen & Ors vs Union Territory Of Ladakh & Ors

Ram Mohan Johri, Member A

The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application (O.A.) collectively, is allowed.

Accordingly, the applicants are hereby granted permission to join and proceed with the Original Application collectively.

Original Application No. 541 of 2026

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 and set aside the Order No. Esstt-1/34731-86 dated 03-03-2026 issued by the Respondent No.5 whereby and to the extent the applicants have been transferred and posted as a punitive measure against the transfer policy, the same being arbitrary, illegal and discriminatory;

ii. To command the respondents to follow and apply transfer policy equally to the applicants/RReT Teachers of District Leh as has been done in the case of similarly situated teachers of District Kargil by providing them options and seeking their preferences and also providing them a 15 days period for submitting their grievances related to their transfers;

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."

The applicants are aggrieved by Order No. Esstt-1/34731-86 dated 03.03.2026 issued by Respondent No. 5, whereby, to the extent relevant, the applicants have been transferred and posted allegedly in an arbitrary manner in violation of the applicable transfer policy, without affording them an opportunity to indicate their preferences or options as contemplated under the said policy.

Having considered the facts and circumstances of the case, this Tribunal deems it appropriate to dispose of the instant Original Application at the admission stage, without entering into the merits of the case, with a direction to the respondents to consider the cases of the applicants for posting in accordance with their preferences. It is noted that no such preferences were obtained from the applicants, unlike in the case of similarly situated teachers in District Kargil. The applicants have asserted that they are facing hardship on account of their postings being far from their place of residence.

Accordingly, in view of recent developments where 5 new districts have been formed in addition to two existing districts, vide notification dated 27.04.2026, the respondents are directed to obtain fresh options/preferences from the applicants for their postings, in the same manner as undertaken in District Kargil.

Upon such consideration, the respondents shall pass a reasoned and speaking order in accordance with law.

The entire exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order.

Disposed of accordingly. No order as to costs.