Mohd Iqbal Shah vs Union Territory Of J&K & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The case of the applicant, as projected in the O.A., is that he is working as District Education Planning Officer (DEPO), Kupwara, and is also holding the additional charge of Deputy Chief Education Officer, Kupwara, with headquarters at Handwara. The applicant claims to have a brilliant service career in the respondent Department. It is further averred that he has always discharged his duties with zeal, zest and honesty, whether as a Teacher, Lecturer, Principal, or while serving in administrative capacities as District Education Planning Officer and Deputy Chief Education Officer. 02. The applicant also holds the qualifications of M.Sc. and B.Ed. and has obtained his M.Sc. degree in Physics. He was initially appointed as a Teacher in the respondent Department on 27.09.1993. Thereafter, he was promoted to the post of Lecturer in Physics on 08.10.2005. On 08.11.2023, the applicant was further promoted to the post of Principal, Higher Secondary School. Subsequently, he was promoted to the post of District Education Planning Officer (DEPO) on 08.01.2025. Thereafter, vide Government Order No. 293-JK(Edu) of 2026 dated 23.07.2026, the applicant was entrusted with the additional charge of Deputy Chief Education Officer, Kupwara, with headquarters at Handwara. Accordingly, the applicant is presently serving as District Education Planning Officer (DEPO), Kupwara, while also holding the additional charge of Deputy Chief Education Officer, Kupwara, with headquarters at Handwara.

It is pertinent to mention here that the applicant’s wife, namely Mrs. Hamida, has been suffering from an orthopaedic ailment for the last several years. She has developed problems in the knee joints of both legs and is undergoing treatment under the supervision of an Orthopaedic Specialist. The doctors have advised her complete bed rest and have further opined that, in the event of her condition not improving with medication, she may require knee-joint replacement. As such, the applicant’s wife is stated to be wholly dependent upon him for her care and treatment. It is further averred that, if the applicant is required to join at his new place of posting as Principal, GHSS Teetwal Karah, Kupwara, it would cause serious hardship to the applicant and adversely affect his ability to attend to and care for his ailing wife. In this regard learned counsel for the applicant referred to para 4.4 of the Transfer Policy notified by vide Govt. Order No. 335-JK (Edu) of 2026 dated 20.08.2026 for transfer of the employees of School Education Policy, which provide that “ Compassionate and Priority Transfers” in deserving cases involving severe medical conditions of the employee and dependant family members.

It is also stated that the applicant submitted a representation before Respondent No. 1 on 10.09.2026, a copy of which was also forwarded to Respondent No. 2. However, till date, the said representation has neither been considered nor decided by the respondents.

In the instant case, the applicant is aggrieved of the impugned Government Order No. 368-JK(Edu) of 2026 dated 09.09.2026, issued by Respondent No. 1, to the extent that his name figures at Serial No. 1 thereof. In support of his arguments, learned counsel referred to the clasue 2.4 of the Govt. Transfer Policy, which provides for ensuring equitable distribution of human resources and facilitating a transparent rotation framework, in all educational institutions. He further submitted that the Govt. has not taken into consideration the guidelines framed by way of the Transfer Policy. Thus, through the medium of this O.A., the applicant seeks quashing of the impugned transfer order to the extent it pertains to him, whereby he has been transferred from his present place of posting to Higher Secondary School (HSS), Teetwal, Karnah, LOC. Hence, the present O.A.

Through the medium of the instant petition the applicant seeks for the following reliefs-

Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.

Learned counsel for the respondents, Mr. Satinder Singh, AAG, submits that transfer is an incident of service and an employee holding a transferable post has no vested right to remain posted at a particular place, the scope of judicial review in such matter is, therefore, extremely limited.

Learned counsel submitted that there is nothing discernible from the impugned order which may suggest any indulgence by this Tribunal, within any of the limited grounds for interference, however, submits that the respondents shall consider and decide the representation of the applicant in a time bound framework, in accordance with law.

It is further submitted that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.

Heard learned counsel for the parties.

Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.

Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to treat the present O.A. as a representation and accord consideration to the assertions made therein and to consider and decide the representation submitted by the applicant, available at page No. 35 of the O.A., in accordance with law and in light of the applicable rules, regulations, applicable transfer policy and other governing conditions, and provided that there is/are no legal impediment(s), by or before 25.09.2026.

The respondents shall also take into consideration the documents annexed with the O.A. while considering the matter. Till representation is decided, the impugned Government Order No. 368-JK(Edu) of 2026 dated 09.09.2026 shall not be acted upon by the respondents insofar as it pertains to the applicant.

The aforesaid exercise shall be completed by or before 25.09.2026, by passing a comprehensive, reasoned and speaking order, from the date of receipt of a copy of this order by the respondents.

It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.

Accordingly, O.A. No. 1017/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.

Consign the file to the Record Room, after due compliance.