Mahreen Javid vs SCHOOL EDUCATION DEPARTMENT

:: 1 :: O.A. No. 61/233/2023

CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU

Hearing through video conferencing

Original Application No. 61/233/2023
Reserved on: 03.09.2026
th
Pronounced on: This the 30 day of October 2026
HON’BLE SHRI DIWAKAR SINGH, JUDICIAL MEMBER

1. Mahreen Javid, age 40 years,
W/o Mansoor Ahmed Paul,
R/o Village Mitra, Tehsil & District Ramban,
A/p H. No. 211 Talab Khatikan, Tehsil & District Jammu.
e-mail: [email protected]
Pin Code: 180001.
…..Applicant
(Through Advocate: Mr.Haroon Rashid Qureshi vice Mr. M R Qureshi)
VERSUS
1. UT of J&K through
Principal Secretary to Government,
School Education Department,
Civil Secretariat, Jammu.
e-mail: [email protected]
Pin code 180001.
2. The Director,
Directorate of School Education, Jammu.
e-mail: [email protected]
Pin code 180005.
3. Chief Education Officer, Jammu.
e-mail: [email protected]
Pin code 180001.
4. The principal,
Govt. Girls Higher Secondary School,
Bazar Qasaban, Jammu.
e-mail: [email protected]
Pin code 180001.
.....Respondents
(Through Advocate: Mr. Sudesh Magaotra, learned Addl. A.G.)

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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 2 :: O.A. No. 61/233/2023

O R D E R
This is an Original Application filed by the applicant under
Section-19 of the Administrative Tribunals Act, 1985 seeking the
following reliefs:-
“i. So as to quash and set aside the impugned orders bearing
No. 865-DSEJ of 2023 dated 24.02.2023 passed by the
respondent no. 2 and Order No. GGHSS/BQ/506 dated
01.03.2023 passed by the respondent No. 4, as the same
have been passed in an illegal, arbitrary manner and with
non-application of mind, as such, the orders impugned are
required to be quashed and set aside qua the applicant
being unsustainable under law;
ii. To command and direct the respondents to allow the
applicant to carry out her duties at her present place of
posting i.e. GGHSS Bazar Qasaban Jammu on marriage
grounds, as the marriage of the applicant is still existing, as
such, she may kindly be allowed to continue at GGHSS
Bazar Qasaban in the interest of justice and fair play;
iii. The Hon’ble Tribunal may kindly award such other relief(s)
as may be considered appropriate in the circumstances of
the present case;
iv. Cost of the case may also be awarded.”
2. The applicant is seeking quashing of Order No. 865-DSEJ of 2023
dated 24.02.2023, passed by respondent No. 2, and Order No.
GGHSS/BQ/506 dated 01.03.2023, passed by respondent No. 4. By
virtue of the aforesaid orders, the applicant’s representation dated
23.12.2019, seeking extension of her posting in District Jammu on
marriage grounds, came to be rejected and she was directed to report to
her original place of posting at GPS Chamba, Zone Ramban.
3. The principal grievance of the applicant is that, having been
regularised as a General Line Teacher after rendering the prescribed
period of service as a Rehbar-e-Taleem (ReT) teacher, she cannot be
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 3 :: O.A. No. 61/233/2023

subjected to discriminatory treatment in matters of service conditions,
including transfer, merely on account of her initial mode of recruitment.
The applicant further contends that the impugned orders have been
passed arbitrarily, without proper application of mind and without due
regard to the judicial pronouncements governing the service conditions
of regularised ReT teachers.
4. The applicant has placed particular reliance upon the judgment
passed by this Tribunal in Jyoti Gupta v. UT of J&K and Ors. , OA No.
161 of 2023 and connected matters, wherein the legality of restrictions
imposed upon regularised ReT teachers in matters of transfer was
examined.
5. The applicant states that she was initially engaged as a ReT
teacher vide Order No. ZEO/R/1009-15 dated 24.05.2004, issued by
the Zonal Education Officer, Ramban. Upon completion of the
prescribed period of service, she was regularised as a General Line
Teacher vide Order No. ZEO/R/SSA 769-73 dated 09.01.2010.
Subsequently, she was appointed as Teacher Grade-II vide Order No.
558 CEOR of 2019 dated 01.03.2019.
6. It is further stated that, on account of her marriage, the applicant
was transferred from her original place of posting at GPS Chandrog,
District Ramban, to District Jammu vide Government Order No. 1033-
Edu of 2017 dated 21.12.2017. Pursuant thereto, she was serving at
Government Girls Higher Secondary School, Bazar Qasaban, District
Jammu.
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 4 :: O.A. No. 61/233/2023

7. The applicant submitted a representation dated 23.12.2019
seeking extension of her posting in District Jammu. As the
representation remained undecided, she approached the Hon’ble High
Court of Jammu & Kashmir by filing WP(C) No. 149/2020, titled
Mahreen Javid v. UT of J&K and Ors. The said writ petition was
disposed of vide order dated 21.01.2020, directing the respondents to
consider the pending representation and decide the same within the
stipulated period. Thereafter, respondent No. 2, vide communication
No. DSEJ/NG/Tr/596/25299 dated 11.02.2020, took up the matter
with respondent No. 1.
8. In the meantime, respondent No. 1 issued communication No.
Edu-RET/1/2022-01 dated 25.07.2022, directing the repatriation of
Teacher Grade-II/III and other specified categories of teachers to their
original places of posting. In pursuance thereof, the applicant was
relieved from Government Girls Higher Secondary School, Bazar
Qasaban, Jammu, vide order dated 27.07.2022.
9. The applicant challenged the aforesaid communication and
relieving order before this Tribunal in OA No. 1029/2022. Vide interim
order dated 22.08.2022, the respondents were restrained from
implementing the said orders insofar as the applicant was concerned.
The interim protection was subsequently extended vide order dated
22.11.2022, as stated in the pleadings.
10. Thereafter, respondent No. 2 issued Order No. 865-DSEJ of 2023
dated 24.02.2023, rejecting the applicant’s representation dated
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 5 :: O.A. No. 61/233/2023

23.12.2019 and directing her to report to her original place of posting at
GPS Chamba, Zone Ramban. Consequentially, respondent No. 4 issued
Order No. GGHSS/BQ/506 dated 01.03.2023, relieving the applicant
from Government Girls Higher Secondary School, Bazar Qasaban,
Jammu.
11. Aggrieved by the aforesaid orders, the applicant has instituted
the present Original Application, seeking their quashing and a direction
to the respondents to permit her to continue at her present place of
posting on marriage grounds.
12. The applicant has challenged the impugned orders on the ground
that, upon her regularisation as a General Line Teacher, she became a
member of the regular service cadre and her service conditions became
governed by the applicable service rules. It is contended that she
cannot be treated differently from other General Line Teachers merely
because she was initially engaged under the ReT Scheme.
13. The applicant further contends that respondent No. 2 was not
competent to decide her representation, particularly when the matter
had earlier been taken up with respondent No. 1 vide communication
dated 11.02.2020. According to the applicant, the representation
sought extension of her posting at Jammu on marriage grounds,
whereas the impugned order went beyond the scope of consideration by
directing her repatriation to her original place of posting.
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 6 :: O.A. No. 61/233/2023

14. The applicant has further pleaded that her marriage-related
circumstances continue to subsist. Her husband is a Government
employee serving in District Poonch, and she has two school-going
minor children requiring her care. She submits that the applicable
transfer policy contemplates, to the extent possible, the posting of
married female employees with young children at places from which
they can return home after duty. On these grounds, the applicant seeks
quashing of the impugned orders and continuation at Government Girls
Higher Secondary School, Bazar Qasaban, Jammu.
15. While considering the matter, this Tribunal passed an interim
order dated 03.03.2023. The order records the submissions advanced
on behalf of the applicant that the impugned orders dated 24.02.2023
and 01.03.2023 had been passed by taking up the pending
representation dated 23.12.2019 and that the resultant action was
contrary to the legal position governing regularised ReT teachers.
16. After issuing notices to the respondents to show cause why the
Original Application should not be admitted for hearing, the Tribunal
directed that the operation of the impugned orders dated 24.02.2023
and 01.03.2023, insofar as they pertained to the applicant, shall
remain stayed. Consequently, the applicant was directed to be
permitted to work at Government Girls Higher Secondary School, Bazar
Qasaban, Jammu, till the next date of hearing. The aforesaid interim
order preserved the applicant’s existing position pending adjudication of
the controversy.
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 7 :: O.A. No. 61/233/2023

17. The applicant has placed reliance upon the judgment passed by
this Tribunal in OA No. 161 of 2023, titled Jyoti Gupta v. UT of J&K and
Ors. , along with connected Original Applications and Transferred
Applications. In the said judgment, this Tribunal examined the legality
of Clause 3(a) of Government Order No. 20-Edu of 2019 dated
22.01.2019, the communication dated 25.07.2022 directing
repatriation of specified categories of teachers to their original places of
posting, and the relevant restrictive provisions contained in the
subsequent transfer policy and notification. The principal question
considered was whether teachers initially engaged as ReT teachers, but
subsequently regularised as General Line Teachers, could be treated as
a separate class for purposes of service conditions, including transfers,
solely on the basis of their initial mode of recruitment.
18. After considering the relevant service rules, the constitutional
principles of equality and the judgments of the Hon’ble High Court and
the Hon’ble Supreme Court, this Tribunal held that once ReT teachers
had been regularised as General Line Teachers and had become
members of the relevant service cadre, their initial mode of recruitment
could not, by itself, furnish a lawful basis for discriminatory treatment
in matters of service conditions.
19. The Tribunal placed reliance upon the principles enunciated in
State of West Bengal v. Anwar Ali , AIR 1952 SC 75, and Union of India
v. Atul Shukla , AIR 2015 SC 1777, concerning the requirements of a
valid classification under Articles 14 and 16 of the Constitution of
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 8 :: O.A. No. 61/233/2023

India. It also considered the earlier judgments in Jyoti Gupta v. State of
J&K and Others , decided on 18.05.2010, and Majid Alyas v. State of
J&K and Others , decided on 09.11.2016.
20. The Tribunal held that the legal position declared by the
competent judicial forums could not be rendered ineffective by
executive instructions imposing discriminatory restrictions upon
regularised General Line Teachers. Consequently, the specified
restrictive provisions and the communication dated 25.07.2022 were
quashed, and the respondents were directed to treat the applicants at
par with other General Line Teachers in their respective district cadres
for all purposes, including transfers.
21. The aforesaid judgment directly addresses the legal issue
concerning the treatment of regularised ReT teachers and the
restrictions imposed upon their transfers on account of their initial
mode of recruitment. The controversy raised in the present OA is,
therefore, required to be examined in the light of the principles laid
down therein.
Analysis:-
22. We have considered the pleadings of the applicant, the impugned
orders, the interim order dated 03.03.2023 and the judgment passed by
this Tribunal in Jyoti Gupta v. UT of J&K and Ors. , OA No. 161 of 2023
and connected matters.
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 9 :: O.A. No. 61/233/2023

23. The principal issue requiring determination is whether the
impugned orders directing the applicant’s repatriation to her original
place of posting can be sustained in the light of the legal position
declared in Jyoti Gupta .
24. The applicant asserts that she was initially engaged as a ReT
teacher in 2004 and was regularised as a General Line Teacher in 2010.
Her subsequent regularisation is material to the determination of her
service rights. The ReT Scheme, as originally introduced vide
Government Order No. 396-Edu of 2000 dated 28.04.2000,
contemplated the engagement of teachers in schools within the area of
their location and their subsequent regularisation as General Line
Teachers after completion of the prescribed period of service, subject to
the applicable conditions.
25. The legal effect of regularisation was considered in Jyoti Gupta .
This Tribunal held that employees who had become members of the
regular service cadre could not be subjected to a separate and
discriminatory regime concerning service conditions merely because of
their initial mode of recruitment. Once regularised as General Line
Teachers, their service conditions were required to be determined in
accordance with the applicable service rules, and their initial
engagement as ReT teachers could not, by itself, justify restrictions
inconsistent with those rules.
26. The same principle applies to the applicant’s claim. Her service
rights after regularisation must be determined in accordance with the
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 10 :: O.A. No. 61/233/2023

rules applicable to the cadre to which she belongs. Her initial
engagement under the ReT Scheme cannot, by itself, justify the
imposition of restrictions inconsistent with the applicable service rules
and the legal principles laid down in Jyoti Gupta .
27. The judgment in Jyoti Gupta specifically examined the legality of
restrictions imposed upon regularised ReT teachers and the direction
for their repatriation to the schools where they had initially served. The
communication dated 25.07.2022, which formed the basis of the
repatriation action challenged in the present proceedings, was itself
considered and quashed by this Tribunal in that judgment. The
Tribunal held that regularised General Line Teachers could not be
treated as a separate class for purposes of transfer merely because they
had initially entered service under the ReT Scheme.
28. The impugned orders in the present case were issued against the
same factual and legal background. The applicant was directed to
return to her original place of posting following rejection of her
representation seeking extension of her posting at Jammu. Her claim
raises the question whether the respondents could rely upon her
original place of engagement under the ReT Scheme as a sufficient
basis for repatriation despite her subsequent regularisation as a
General Line Teacher.
29. In view of the ratio laid down in Jyoti Gupta , the applicant’s
regularisation to the relevant service cadre cannot be disregarded. To
the extent that the impugned orders proceed upon the premise that her
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 11 :: O.A. No. 61/233/2023

initial engagement as a ReT teacher, by itself, requires her return to the
school of her original engagement, such action cannot be sustained
without reference to the applicable service rules and the legal principles
laid down by this Tribunal. The respondents are required to recognise
the applicant’s service status and consider her case in accordance with
the aforesaid judgment.
30. In Jyoti Gupta , this Tribunal applied these principles to the
classification of regularised ReT teachers and other General Line
Teachers. It held that once employees had become members of the
same service cadre, their initial mode of recruitment could not, by itself,
justify differential treatment in respect of service conditions. The
applicant’s service rights must accordingly be determined in accordance
with the applicable service rules, and a restriction founded solely upon
her initial engagement under the ReT Scheme cannot be sustained
where it conflicts with the legal position declared in Jyoti Gupta .
31. The applicant has also asserted that her husband is a
Government employee serving in District Poonch and that she has two
school-going minor children requiring her care. She relies upon the
provision in the applicable transfer policy concerning the posting of
married female employees with young children, to the extent possible,
at places from which they can return home after duty. These
circumstances are relevant to her request for extension of posting at
Jammu. However, the claim to equal treatment as a General Line
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 12 :: O.A. No. 61/233/2023

Teacher and the request for continuation at a particular station on
marriage grounds are distinct questions.
32. The judgment in Jyoti Gupta establishes that regularised ReT
teachers cannot be subjected to discriminatory restrictions on transfers
merely because of their initial mode of recruitment. It does not, by
itself, create an unconditional right to remain posted at a particular
station or to secure an inter-district posting irrespective of the
applicable transfer rules. The applicant’s marriage-ground
representation must, therefore, be considered in accordance with the
applicable transfer policy, her service particulars, the relevant
administrative requirements and the legal principles laid down in Jyoti
Gupta . Her request cannot be rejected merely by treating her as a
separate class on account of her initial engagement under the ReT
Scheme.
Conclusion: -
33. In view of the foregoing discussion, we find that the legal issue
concerning the treatment of regularised ReT teachers for purposes of
transfer is covered by the principles laid down by this Tribunal in Jyoti
Gupta v. UT of J&K and Ors. , OA No. 161 of 2023 and connected
matters. The applicant asserts that she was initially engaged as a ReT
teacher and was subsequently regularised as a General Line Teacher.
Her service rights must, therefore, be considered in accordance with the
rules applicable to the regularised cadre. She cannot be subjected to
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 13 :: O.A. No. 61/233/2023

discriminatory treatment merely because of her initial mode of
recruitment.
34. The impugned orders dated 24.02.2023 and 01.03.2023, insofar
as they direct the applicant’s repatriation without due regard to her
subsequent regularisation and the legal principles declared in Jyoti
, cannot be sustained. At the same time, the applicant’s request
Gupta
for continuation at Jammu on marriage grounds requires consideration
under the applicable transfer policy and service rules. The judgment in
Jyoti Gupta does not confer an absolute right to remain posted at a
particular station, but it does require that the applicant’s claim be
considered without applying a discriminatory restriction based solely
upon her initial engagement under the ReT Scheme.
35. Consequently, the Original Application is allowed . Order No. 865-
DSEJ of 2023 dated 24.02.2023 and consequential Order No.
GGHSS/BQ/506 dated 01.03.2023 are hereby set aside insofar as they
direct the applicant’s repatriation on the basis of her initial engagement
as a ReT teacher, without due regard to her subsequent regularisation
as a General Line Teacher and the legal principles laid down in Jyoti
Gupta v. UT of J&K and Ors. , OA No. 161 of 2023 and connected
matters.
36. The respondents shall treat the applicant in accordance with the
service rules applicable to regularised General Line Teachers and shall
not subject her to differential treatment in matters of service conditions,
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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'

:: 14 :: O.A. No. 61/233/2023

including transfers, merely on the basis of her initial mode of
recruitment.
37. Respondents shall reconsider the applicant’s representation
dated 23.12.2019 seeking extension of her posting at Jammu on
marriage grounds. The representation shall be considered in the light of
the applicable transfer policy, the applicant’s service particulars, her
stated family circumstances and the legal principles laid down in Jyoti
Gupta . A reasoned and speaking order shall be passed within six weeks
from the date of receipt of a certified copy of this order and
communicated to the applicant.
38. Until the aforesaid decision is taken, the applicant shall be
permitted to continue working at Government Girls Higher Secondary
School, Bazar Qasaban, Jammu, in continuation of the interim
protection granted vide order dated 03.03.2023.
39. There shall be no order as to costs.
40. All pending miscellaneous applications, shall stand disposed of
accordingly.

(DIWAKAR SINGH)
Judicial Member
RS Pathania
Steno-D

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=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2
516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a19
2f223826, [email protected], CN=RAJAT SINGH
PATHANIA
I am the author of this document
RAJAT SINGH
PATHANIA
2026.10.30 17:07:32+05'30'