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Judgment
Sanjeev Gupta, Member J
The present Original Application (in short O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i. Certiorari Quashing the Order No. 611-JK Edu of 2025 dated 24.09.2025 qua the applicant for his transfer from District Rajouri to District Doda as Chief Education Officer, Doda which is illegal, arbitrary, malafide, discriminatory and against the principle of nature justice and also against the judgements of Hon’ble High Court of J&K and Hon’ble Supreme Court and not in the interest of justice and is politically motivated order.
ii. Mandamus Commanding the respondents to allow the applicant/petitioner to work at his present place of posting as Chief Education Officer, Rajouri till 31.01.2016, and also on medical grounds being suffering from B.P. diabetes and entitled to be retained within the district Rajouri at the present place of posting in view of Division Bench as well as single Bench Judgements of Hon’ble High Court of J&K or in alternative the adjust the applicant against the available vacancy SCERT Jammu or on the post of CEO Udhampur as the order is passed on political consideration/influence. And may consider the case of the applicant to retain him at the present place of posting in district Rajouri in view of Atta Mohd Naik’s case decided by the Hon’ble High Court of J&K and may commanding the official respondents to allow to the applicant to work as Chief Education Office Rajouri till 31.01.2026 and give effect to this order after four months i.e. on the superannuation of the applicant.”
Learned counsel for the applicant stated that the applicant who is presently working as Chief Education Officer, Rajouri, is set to retire on 31.01.2026 after attaining the age of superannuation, however, ignoring this fact, the applicant vide order No. 611-JK Edu of 2025 dated 24.09.2025, in an arbitrary manner and in violation of transfer policy, has been transferred from District Rajouri to District Doda.
Learned counsel further stated that the applicant would be satisfied, at this stage, if a direction is issued to respondents to treat a copy of this O.A. as representation of the applicant and consider the case of the applicant for his posting against the post of Chief Education Officer, Udhampur, which has fallen vacant or as SCERT Jammu, within a time frame.
Mr. Sudesh Magotra, learned A.A.G. appearing on behalf of the respondents vehemently opposed the prayer made by the learned counsel for the applicant and prayed for sometime to file counter affidavit
Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping the instant O.A. pending and the same can be disposed of in the manner as prayed for by the learned counsel for the applicant.
Accordingly, the O.A. is disposed of, at the admission stage itself, 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 the case of the applicant for his posting as Chief Education Officer, Udhampur or SCERT Jammu and decide the same by passing a reasoned and speaking order. Let this exercise be completed within a period of three weeks from the date of receipt of a certified copy of this order.
Till then, no coercive against be taken against the applicant for making him join at District Doda.
With the above direction, the O.A. stands disposed of.
No order as to costs.