DR KAPIL SHARMA vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

:: 1 :: O.A. No. 61/1417/2026


Central Administrative Tribunal
Jammu Bench, Jammu

Hearing through video conferencing

Original Application No. 61/1417/2026

This the 09th day of October, 2026
Hon’ble Mr. Sanjeev Gupta, Judicial Member
Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1. Dr. Kapil Sharma, Age 54 years, S/o Sh. Kewal Krishan
Sharma, R/o H. No. 24, Lane No. 25, Tawi Vihar Sidhra,
Jammu.

...Applicant
(Through Advocate: Mr. Abhinav Sharma, Sr. Advocate assisted by Mr.
Vishal Sharma)

Versus

1. UT of J&K through Commissioner/Secretary to Govt. Health
and Medical Education Department, Civil Secretariat, Jammu.
2. Director Health Services, Jammu.

(Through Advocate: Mr. Sudesh Magotra, A.A.G.)

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:: 2 :: O.A. No. 61/1417/2026


O R D E R

(Per:- Sanjeev Gupta, Judicial Member)

Mr. Abhinav Sharma, learned Sr. Counsel for the applicant
submitted that the applicant is aggrieved of Order No. DHSJ/ES-
1/1748-52 dated 23.06.2026 issued by respondent No. 2, whereby his
deployment at Regional Institute of Health and Family Welfare,
Nagrota, Jammu as ordered by respondent No. 1 vide Govt. Order No.
525-JK (HME) of 2024 dated 12.08.2024, has been cancelled and he
has been directed to report back for duties at Primary Health Centre
Arnas, District Reasi
2. Learned Sr. Counsel while drawing out attention to certificate
dated 28.09.2026 (Annexure A/21 to the O.A.) issued by Medical
Board, District Hospital, Reasi submitted that the applicant is
suffering from severe mental illness i.e. Recurring Depressive
Disorder. It is further submitted by learned Sr. Counsel that the
applicant is undergoing treatment for his illness at Jammu and
forcing him to join at PHC, Arnas, which is at a distance of around
100 kms from the residence of the applicant, can be detrimental to
the life of the applicant, as no proper treatment for illness of applicant
is available at District Reasi.
3. Learned Sr. Counsel further submitted that as per Clause (C) of
transfer policy issued vide Govt. Order No. 210-HME of 2012 dated
13.03.2012, the minimum tenure of a Government employee on a post
shall be two years and maximum three years and since, the applicant
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was posted at PHC Arnas for three years, the respondents were duty
bound to transfer the applicant at some place other than PHC Arnas.
It is further submitted that the applicant has furnished
representations dated 13.07.2026 and 29.07.2026 to Respondent No.
2 and Hon’ble Minister for Health and Medical Education Department
respectively, for redressal of his grievance, however, no action has
been taken on the same uptil now.
4. Learned Sr. Counsel further submitted that the applicant would
be satisfied, at this stage, if this O.A. is disposed of by granting liberty
to the applicant to submit another representation to the respondents
and thereafter, the respondents be directed to take a call on that,
within a stipulated period.
5. Mr. Sudesh Magotra, learned A.A.G. appearing for the
respondents, on advance notice, prays for sometime to file reply.
6. Having heard the learned counsels for the parties, we are of the
considered view that no useful purpose would be served in keeping
this O.A. and same can be disposed of.
7. Accordingly, this O.A. is disposed of, at the admission stage
itself, without entering into the merits of the case, with a direction to
applicant to submit a fresh representation to the respondents within
one week, from the date of receipt of a certified copy of this order. On
receipt of such a representation, the respondents shall decide the
same by passing a reasoned & speaking order, keeping in view the
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medical certificate dated 28.09.2026 issued by District Hospital,
Reasi, within a period of one week, thereafter. A copy of the speaking
order shall also be communicated to the applicant.
8. No order as to costs.




(Pragya Sahay Saksena) (Sanjeev Gupta)
Administrative Member Judicial Member

Arun…
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KUMAR