Ghulam Muzaffer vs EDUCATION on 3 November 2026

O R D E R

Shri Diwakar Singh, Judicial Member The case of the applicant, in brief, is that he was adjusted at Government High School Jaller, Tehsil Mahore, District Reasi, vide Order No. CEO/RSI/Estt/4116-18 dated 25.10.2019, issued by the Chief Education Officer, Reasi, and has since been discharging his duties at the said institution. It is averred that a political worker, vide representation dated 28.09.2026, questioned the legality of his adjustment and sought his transfer, whereupon the Deputy Commissioner, Reasi, vide communication dated 06.10.2026, forwarded the complaint to the Chief Education Officer, Reasi, for examination and submission of a report. The applicant contends that the allegations are baseless and that his posting was made by the competent authority. He has further relied upon a resolution of the residents of Village Sildhar and a communication dated 08.10.2026 issued by the Headmaster of the institution, supporting his continuance at the school and highlighting the acute shortage of teaching staff. Apprehending his transfer on the basis of the aforesaid complaint, the applicant has approached this Tribunal by way of the present Original Application, seeking appropriate relief.

2. Heard learned counsel for the applicant.

RAJAT SINGH PATHANIA

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3. A perusal of the pleadings and the documents annexed with the Original Application reveals that the grievance raised by the applicant primarily stems from a representation submitted by a political worker and the subsequent communication issued by the Deputy Commissioner, Reasi, forwarding the said representation to the Chief Education Officer, Reasi, for examination and submission of a report.

4. It is pertinent to note that the communication dated 06.10.2026, at this stage, merely calls upon the concerned authority to examine the complaint and furnish a report. No order of transfer or adjustment of the applicant has been passed pursuant thereto. Thus, the apprehension expressed by the applicant that he may be transferred on the basis of the said complaint is, as of now, premature and not founded upon any actual adverse order affecting his service conditions.

5. The applicant has approached this Tribunal merely on the basis of an apprehension of a possible transfer, without demonstrating that any final decision has been taken by the competent authority to transfer him. The mere forwarding of a complaint for examination cannot, by itself, be construed as an adverse action against the applicant warranting interference by this Tribunal.

RAJAT SINGH PATHANIA

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6. Consequently, no enforceable cause of action is made out at this stage. The Original Application, being founded merely upon an apprehension and without any substantive grievance arising out of an actual adverse order, is devoid of merit and is, accordingly, liable to be dismissed.

7. The Original Application is, therefore, dismissed as being devoid of merit.

(DIWAKAR SINGH)

(RAM MOHAN JOHRI) Judicial Member Administrative Member RS Pathania Steno-D

RAJAT SINGH PATHANIA