CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU

Order Sheet
Item no.: 1
O.A./790/2023 (JAMMU)
[ TRANSFER ]
Court No.: 1
No of Adjournment:

Order Dated: 24/07/2023

AKHTAR HUSSAIN TAK
Vs
SCHOOL EDUCATION DEPARTMENT

For Applicant(s) Advocate : Mr. Ajaz Choudhary

For Respondent(s) Advocate : Mr. Sudesh Magotra, Additional Advocate General

Order of The Tribunal

Learned counsel for the applicant submitted that the impugned orders have been issued in
violation of Rule-27 of the Jammu & Kashmir Civil Services (Classification, Control and
Appeal) Rules, 1956 as well as in non compliance to the stipulations in paragraph C (iv),
C (vi), and C (vii) of the notification dated 26.04.2023 as well as incongruent with
stipulations in paragraph A (3), A (9) and A(14) and paragraph B (15) to the Transfer
Policy dated 24.04.2023. Further, the basis on which the inter se accommodation of
choice between opted zones was made is not clear.

Learned counsel also submitted that vide stipulation at Paragraph-2 (II) of impugned order
dated 17.07.2023, the transferees were deemed to have relieved with a direction to
immediately report to their new place of posting.

The counsel submits that instructions are there to complete the transfer process at the
beginning of the academic years starting from April of the relevant year. But the order
has been passed only on 17.07.2023 i.e. after a lapse of 70 days of the academic session
and in a tearing hurry, transferees are deemed to have been relieved for the purpose of
joining at the new place of posting. This is when schools are observing vacation. Of
course, any transferee serving in the Government of Jammu & Kashmir is entitled to
certain joining time that he or she can avail.

Besides, the special circumstances under which these transferees are deemed to have been
relieved or the administrative exigencies warranting such relieving has not been
explained in the impugned order.
It is not clear under which rule, the clause "deemed to have been relieved" has been
invoked; I am unable to find any clause or order or stipulation with regard to "deemed
relieving".

Mr. Sudesh Magotra, learned Additional Advocate General accepts notices on behalf of
the respondents.

Mr. Sudesh Magotra, learned Additional Advocate General on advance intimation submits
on behalf of respondents that by operating of the clause "deemed to have been relieved",
many employees have been relieved and have joined the new place of posting and now
revertion would create administrative confusion for them.

It appears that the department has already created enough of administrative confusion,
firstly, by not following its own transfer policy and other guidelines and secondly, by
invoking the provision of deemed relieving that does not exist anywhere in the statute
books or in instructions.

Issue notice to respondents returnable by the next date.

List on 22.08.2023.

In view of the submission that the schools in the region are observing vacations and are
likely to reopen in next four-five days, as an interim measure, the operation of the
impugned order (Annexure A/1) shall remain stayed qua the applicant herein and, as a
result thereof, the respondents are directed to permit the applicant herein to discharge his
duty at the place from where he was ordered to be transferred and deemed relieving until
further orders.

A K Dubey
Member (A)

/ak/