MST RABIA AKHTER vs EDUCATION on 31 December 2024

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant has sought for the following

reliefs:

a. That the respondents may be directed to issue necessary orders for inter district transfer of the petitioner which file is pending before them since a year and post her in her parent district, District Srinagar forthwith.

b. The respondents be directed to continue the petitioner in District Srinagar in terms of transfer order dated 23.01.2024 till the final order on the inter-district transfer file is passed by competent authority, on medical grounds.

c. The respondents be restrained from transferring the petitioner outside Srinagar in any manner whatsoever.

d. Any other order or direction which this Hon'ble Tribunal may deem fit in the circumstances of the case may also be passed in favour of the petitioner/applicant and against the respondents in the interest of justice and equity.

2. The applicant has also prayed for the interim relief as under: Respondents be directed to continue the applicant at her present place of posting (Boys High School Bemina Srinagar) till the final outcome of this petition as the same shall be in the interest of justice.

3. The facts that stem out of the O.A. are that the applicant came to be appointed in the year 1996 as Lab Bearer in District Srinagar and was adjusted in Girls Higher Secondary School, Nowhatta, Srinagar against available post. The applicant thereafter continued to discharge her duties diligently and honestly to the best satisfaction of her superiors till the year 2001.

4. Subsequently, vide order no. 236 on 24-12-2001, the

applicant was transferred to Boys Higher Secondary School, Khalmulla, Nunnar, Ganderbal. It is further averred in the O.A. that till the year 2001, the Nunnar (District Ganderbal) was a part of District Srinagar as such the transfer of the applicant from one area of Srinagar to another was in accordance with the applicable rules.

5. It is averred in the O.A. that the applicant is Lab Bearer and holds a District Cadre post and as per the rules in vogue, she can only be posted and transferred within her own District. It is next averred that subsequently the area of Srinagar was divided into two Districts and Ganderbal being declared as a separate District, her place of posting fell in District Ganderbal, when actually the applicant was initially appointed and posted within her parent District of Srinagar and thereafter posted to place which became a part of District Ganderbal.

6. It is also averred in the O.A. that in the year 2004, the applicant was hit by a matador, as a result of which she suffered serious injuries and was bedridden for a long time, reference to this is also made in Annexure II with the O.A. which is a certificate issued by District Medical Board Bandipora substantiating that the patient is suffering from spinal instability. The applicant given her

medical conditions made several representations before the competent authority for seeking transfer to her parent District Srinagar in light of her medical condition, the request was duly considered, resultantly, an order was passed on 23-01-2024 by the Director, School Education Srinagar temporarily deploying the applicant for a period of one year to Boys High School, Bemina, Srinagar.

7. Learned counsel for the applicant submits that the case of the applicant for seeking her transfer from District Ganderbal to District Srinagar is pending before the competent authority. He submits that since the process is an inter-District transfer which is within the competence of the Government, it is for them to take a decision. He further submits that the respondents have not taken any decision on the representation of the applicant for seeking her inter-District transfer.

8. Admittedly, Courts have a very limited power to interfere in administrative affairs and it is left to the wisdom of the competent authority to take a decision in the matter. The role of the Courts is very limited. However, learned counsel for the applicant submits that he would be satisfied, if the O.A. is disposed of at the threshold.

9. Heard learned counsel for the parties.

10. Accordingly, the instant O.A. is disposed of by providing that the respondents will admittedly take a decision on the representation filed by the applicant in tune with the recommendations made from time to time within a period of two months positively from the date a copy of this order is served upon the respondents. In the meanwhile, it is further ordered that the present deployment of the applicant shall not be disturbed for a period of two months. However, it is made clear that the respondents shall make every endeavour to dispose of the case of the applicant in accordance with the law and the rules within the aforesaid period. It is also made clear that beyond two months, in case, the representation is not decided and decision is not taken, the same shall be attributable to the respondents.

11. With this O.A./1009/2024 along with all connected applications, is disposed of accordingly.

(M.S. Latif) Member (Judl.)

Abhishek Punia Court Master 31-12-2024 ABHISHEK PUNIA Digitally signed by ABHISHEK PUNIA Date: 2025.01.02 11:00:38 +05'30'