AMANDEEP KOUR vs DEPARTMENT OF EDUCATION on 30 October 2026

O R D E R

The instant Original Application (in short O.A.) has been filed by the applicant, seeking the following reliefs:- (a) Allow the present Original Application and issue an appropriate direction to the respondents, particularly the competent transfer/deployment authority, to transfer, adjust or deploy the applicant at a suitable Government school near her residence at Bathuni, District Rajouri, or in Jammu City, in view of the complications in her pregnancy, the medical advice requiring regular check-ups and post-delivery medical follow-up, and the hardship caused by arduous daily commuting, so as to enable her to receive timely medical care and ensure her health and well-being.

(b) Direct the respondents to consider granting the applicant a suitable nearby posting, preferably within reasonable commuting distance of her residence, or in Jammu city, subject to the applicable rules and medical advice, for such medically justified period thereafter as may be permissible;

(c) Direct the respondents to ensure that the applicant's request is considered in a fair, non-arbitrary and humane manner, without prejudice to her lawful service rights and without treating the request itself as a ground for adverse service consequences.

(d) Any other relief which this Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicant and against the respondents.

2. Learned counsel for the applicant submits that the applicant was appointed as a Rehbar-e-Taleem (RET) Teacher in Government Primary School, Chakal, Budhal, vide order dated 06.01.2015 and subsequently regularized as a Regularized Rehbar-e-Taleem (RRET) Teacher on 19.01.2020. The applicant is presently posted at Government School, P.S. Chakal, Block Kotranka, District Rajouri, whereas her place of residence is at Bathuni. It is further stated that distance between her residence and the present place of posting is approximately 60 kilometres by road, followed by an additional stretch

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of approximately 3 kilometres on foot through difficult mountainous terrain, where proper motorable connectivity is not available.

3. It is further submitted that the applicant is presently in the eighth month of pregnancy and is facing medical issues requiring regular medical supervision. The long daily journey, followed by walking through difficult and uneven mountainous terrain, has become physically strenuous and is causing considerable hardship and apprehension regarding her health and the well-being of her unborn child. It is further averred by learned counsel for the applicant that she is not seeking to avoid her professional responsibilities but only seeks a suitable administrative arrangement whereby she may continue discharging her duties at a Government School near her place of residence or at any nearby place.

4. Learned counsel for the applicant further submitted that the applicant would be satisfied, at this stage, if a direction is issued to the respondents to treat a copy of the present O.A. as her representation and consider her request for suitable transfer/deployment in the light of her medical condition particularly her advanced stage of pregnancy and pass a reasoned and speaking order within a time frame.

5. Mr. Sudesh Magotra, learned counsel for the respondents, appears on advance notice on behalf of the respondents.

6. Having heard learned counsel for the applicant and upon consideration of the limited prayer made in the present O.A., I am of

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the view that no useful purpose would be served by keeping the present Original Application.

7. Accordingly, in view of the limited prayer made by learned counsel for the applicant, the present Original Application is disposed of at the admission stage, without entering into the merits of the case, with a direction to respondents to treat a copy of this O.A. as representation of the applicant and consider her case for suitable transfer/deployment or adjustment against an available suitable post in a Government School near her place of residence at Bathuni, District Rajouri, keeping in view her advanced stage of pregnancy, subject to the applicable service rules and administrative exigencies and decide the same within a period of two weeks from the date of receipt of a certified copy of this order. A copy of the decision so taken shall also be communicated to the applicant.

8. With these directions, the Original Application No. 1492 of 2026 stands disposed of. No order as to costs.

(Pragya Sahay Saksena) Administrative Member

Poojasoni…

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