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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
01. The applicants have filed the present M.A. seeking disposal of the Original Application in light of Government Order No. 98-JK(Edu) of 2026 dated 25.05.2026, whereby applicant No. 1, Ms Ishrat Wani, has been transferred from District Ganderbal to District Srinagar along with the post.
The applicants had approached this Tribunal seeking directions to the respondents to transfer/adjust them from District Ganderbal to District Srinagar on the basis of their domicile/residential status and their claim of having been appointed against district cadre posts in the erstwhile District Srinagar, prior to the creation of District Ganderbal. The applicants have placed reliance upon O.M. No. GAD(Adm)65/2012-1 dated 10.07.2012, issued by the General Administration Department, Government of Jammu and Kashmir, which provides for determination of the district cadre status of employees in such cases on the basis of the domicile factor.
It is the case of the applicants that, despite the aforesaid Office Memorandum and the subsequent official correspondence concerning the adjustment of employees to their respective district cadres, their cases have not been decided. They have further submitted that the respondents have extended similar treatment to other employees, including applicant No. 1, whose transfer has been sanctioned vide Government Order dated 25.05.2026. The applicants, therefore, seek similar consideration of their claims in accordance with the applicable rules and instructions.
Government Order No. 98-JK(Edu) of 2026 dated 25.05.2026 records that applicant No. 1, Ms Ishrat Wani, was appointed as a Teacher in the erstwhile District Cadre Srinagar vide Order No. 842-DSEK of 2007 dated 10.05.2007 and was initially posted at GHS Tulmulla, Srinagar, which subsequently became part of District Ganderbal upon the creation of the new district. Her case was examined in the light of the instructions conveyed by the General Administration Department vide Office Memorandum dated 10.07.2012, and sanction was accorded to her transfer to District Srinagar along with the post.
Learned counsel for the applicants submits that, in view of the subsequent Government Order dated 25.05.2026, the grievance raised in the Original Application deserves to be considered by the respondents in the light of the aforesaid Office Memorandum and Government Order. It is further submitted that the applicants are similarly situated and their cases also deserve consideration in accordance with the applicable rules and instructions within stipulated period.
Learned counsel for the respondents submits that the cases of the applicants shall be considered by the competent authority in accordance with the applicable rules, regulations and Government instructions. It is further submitted that the present M.A. and Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the parties.
Having considered the submissions made at the Bar and perused the material placed on record, I am of the considered opinion that no useful purpose would be served by keeping the present M.A. and Original Application pending, particularly in view of the limited prayer made on behalf of the applicants and the subsequent issuance of Government Order No. 98-JK(Edu) of 2026 dated 25.05.2026 in favour of applicant No. 1.
Accordingly, in view of the limited prayer made on behalf of the applicants, this Tribunal deems it appropriate to dispose of the present M.A. and Original Application with the following directions:
Insofar as applicant No. 1, Ms. Ishrat Wani, is concerned, her claim for transfer from District Ganderbal to District Srinagar stands addressed by Government Order No. 98-JK(Edu) of 2026 dated 25.05.2026, whereby she has been transferred to District Srinagar along with the post.
As regards the remaining applicants, the respondents are directed to consider their claims for transfer/adjustment from District Ganderbal to District Srinagar, having regard to their respective domicile/residential status and their claim of having been appointed against district cadre posts in the erstwhile District Srinagar, in the light of O.M. No. GAD(Adm)65/2012-1 dated 10.07.2012 issued by the General Administration Department and Government Order No. 98-JK(Edu) of 2026 dated 25.05.2026, along with the relevant documents placed on record. Such consideration shall be undertaken in accordance with the applicable rules, regulations and Government instructions, subject to verification of the respective eligibility and entitlement of the applicants and provided there is no legal impediment thereto. Where the remaining applicants are found to be similarly situated and squarely covered by the aforesaid instructions, their claims shall be dealt with accordingly.
The respondents shall pass a detailed, reasoned and speaking order in respect of the remaining applicants within a period of six (06) weeks from the date of receipt of a certified copy of this order.
It is made clear that no opinion has been expressed on the merits of the claims of the remaining applicants, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.
With the aforesaid directions, M.A. No. 1423/2026 and O.A. No. 1382/2025 stand disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.
No order as to costs.
Registry shall consign the record to the Record Room after due compliance.