RABIA TABASUM vs SCHOOL EDUCATION DEPARTMENT
- Court
- Central Administrative Tribunal
:: 1 :: O.A. No. 61/487/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
Original Application No. 61/487/2026
th
This the 15 day of October 2026
HON’BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
HON’BLE SHRI DIWAKAR SINGH, JUDICIAL MEMBER
1. Rabia Tabasum, Age 38 years, W/o Mohd. Asif Keen, R/o
Patnazi, Bunjwah, Banoon, Kishtwar-182203.
2. Mohd. Asif Keen, Age 39 years, S/o Mohd. Amin Keen, R/o
Sarpan, Bunjwah, Patnazi, Banoon, Kishtwar-182203.
3. Farooq Ahmed, Age 42 years, S/o Abdul Rashid Allaie, R/o
Jawalpur, Kishtwar-182203.
3…..Applicants
(Through Advocate: Mr. Aftab Ahmed Mir)
VERSUS
1. Union Territory of J&K, Through Secretary to Government,
School Education Department, Civil Secretariat, Jammu-
180001.
2. Director, School Education Department,
Muthi Camp Morh, Jammu, J&K-181205.
3. Chief Education Officer (CEO),
Kishtwar, J&K-182204.
4. Zonal Education Officer (ZEO),
Drabshalla, Kishtwar-182204.
.....Respondents
(Through Advocate: Mr. Sudesh Magotra, learned Addl. A.G.)
RAJAT SINGH
2026.10.16 16:36:36+05'30'
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite
Chief Secretary Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, E=rajat12sp@
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document
PATHANIA
:: 2 :: O.A. No. 61/487/2026
O R D E R
Shri Ram Mohan Johri, Administrative Member
This is an Original Application filed by the applicants under
Section-19 of the Administrative Tribunals Act, 1985 seeking the
following reliefs:-
i. Quash and set aside Order No. 238-DSEJ of 2025 dated
14.07.2025 to the extent it keeps in abeyance the
applicants' case figuring at Serial No. 24 of Order No.
223-DSEJ of 2025 dated 09.07.2025;
ii. Quash and set aside Order No. 433-DSEJ of 2025 dated
21.11.2025 to the extent it refers the applicants' case at
Serial No. 24 to the Administrative Department and
continues the same in abeyance;
iii. Issue a writ/order/direction in the nature of mandamus
commanding the respondents to implement and give
effect to Serial No. 24 of Order No. 223-DSEJ of 2025
dated 09.07.2025 and consequently relieve/join the
applicants at their new respective sanctioned places of
posting, namely:
i. Applicant No. 1 from PS Surnga to PS Tunda;
ii. Applicant No. 2 from MS Naga to PS Surnga;
ii. Applicant No. 3 from PS Tunda to MS Naga;
iv. In the alternative, direct respondent No. 1 to take a final
decision on the purported clarification under Para 3(a)
within a time-bound period to be fixed by this Hon'ble
Tribunal, and till then restrain the respondents from
altering the applicants' reciprocal chain or creating any
third-party rights against the said posts;
v. Declare that, in the facts and circumstances of the
present case and in view of past departmental practice,
the applicants' triangular reciprocal transfer is
permissible and cannot be denied merely on the plea
RAJAT SINGH
2026.10.16 16:36:36+05'30'
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite
Chief Secretary Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, E=rajat12sp@
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document
PATHANIA
:: 3 :: O.A. No. 61/487/2026
that Para 3(a) is silent regarding more than two officials
in a chain;
vi. Award costs of the present proceedings in favour of the
applicants; and
Pass any other or further order(s) as this Hon'ble Tribunal
may deem fit and proper in the interest of justice.”
2. Learned counsel for the applicants submits that the
applicants would be satisfied if the present Original Application is
disposed of with a direction to the respondents to consider their
cases for grant of benefits, as extended to similarly situated
RRETs in terms of Annexures A-12 and A-13, in light of the
proposal forwarded by respondent No. 3 to respondent No. 4 on
08.03.2025.
3. In view of the submissions made by learned counsel for the
applicants, the present Original Application is disposed of with a
direction to the competent authority amongst the respondents to
consider the cases of the applicants for grant of the aforesaid
benefits, in accordance with the applicable rules and the
treatment accorded to similarly situated RRETs under Annexures
A-12 and A-13. The competent authority shall consider the
proposal submitted by respondent No. 3 to respondent No. 4 on
08.03.2025 and pass an appropriate reasoned and speaking order
within a period of six weeks from the date of receipt of a certified
copy of this order.
RAJAT SINGH
2026.10.16 16:36:36+05'30'
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite
Chief Secretary Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, E=rajat12sp@
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document
PATHANIA
:: 4 :: O.A. No. 61/487/2026
4. With this, OA stands disposed of. Pending MAs, if any, shall
also stand disposed. No order as to costs.
(DIWAKAR SINGH) (RAM MOHAN JOHRI)
Judicial Member Administrative Member
RS Pathania
Steno-D
RAJAT SINGH
2026.10.16 16:36:36+05'30'
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite
Chief Secretary Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, E=rajat12sp@
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document
PATHANIA