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Judgment
O R D E R
Shri Ram Mohan Johri, Administrative Member
This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.Direct the respondents to consider and grant the applicant transfer/posting against an available sanctioned post at Government Middle School, Ghat, City Middle School, Doda, or GMS Nagri Doda or any other nearby suitable Government school under Zone Ghat/Zone Doda in accordance with the judgment rendered by this Hon'ble Tribunal in O.A. No.161/2023 titled Jyoti Gupta V/s UT of J&K & Ors;
ii.Declare that the applicant, having been duly regularized and thereafter promoted as Teacher Grade-II/General Line Teacher, cannot be denied consideration for transfer merely on the ground that her initial RET appointment was school-specific;
iii.Direct the respondents to consider the applicant's case in the light of the judgment dated 20.11.2024 in O.A. No. 161/2023 titled Jyoti Gupta v. Union Territory of J&K & Others and extend the corresponding benefit/principle to the applicant, she being similarly situated;
iv.Direct the respondents to take into consideration the applicant's genuine humanitarian circumstances, including her responsibility towards her four-year-old child and her 78-year-old dependent mother-in-law suffering from chronic back strain and knee arthritis;
v.Direct the respondents to allow/utilized the services of the applicant at City Middle School, Doda till his case for transfer/posting is considered;
Pass any other order or direction which this Hon'ble Tribunal may deem just, equitable and proper in the facts and circumstances of the case.”
Through the medium of this original application, the applicant is seeking benefit of judgment passed in OA No. 161/2023 pronounced on 20.11.2024.
Learned counsel for the applicant submits that the applicant would be satisfied if this OA is disposed of with the direction to the respondents to treat this OA as representation of the applicant for considering his case in the light of judgment passed in case titled “Jyoti Gupta v. UT of J&K and Ors. (OA No. 161/2023)” and deciding it within a stipulated timeframe.
In view of the limited prayer made by the learned Counsel for the applicant, this O.A. is disposed of with the direction to the respondents to treat this O.A. as a formal representation of applicant and decide it in the light of judgment dated 20.11.2024, passed by this Tribunal in case titled “Jyoti Gupta v. UT of J&K and Ors. (OA No. 161/2023)” and examine whether the applicant is similarly situated to the applicant therein. In the event the applicant is found to be similarly situated in all aspects, the respondents shall consider granting the reliefs prayed for in accordance with the above-mentioned case and with law.
The respondents shall pass a speaking order after considering the case of the applicant and a copy of the order so passed shall also be communicated to the applicant.
The whole exercise should be undertaken within a period of four weeks.
With this, OA stands disposed of. No costs.