Ishrat wani vs EDUCATION

ITEM 03 1 OA 1382 OF 2025 WITH MA 1423 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 1382/2025
WITH
M.A. 1423/2026
th

Date of Order: 27 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
1. Ishrat Wani Aged 46 years
W/o Ghulam Hassan Yatoo
R/o rather Mohalla Charari-sharief Budgam- 191112.
Presently posted as Teacher GBHSS Batwina Ganderbal
2. Irshada Nasreen Aged 52 years
W/o Farooq Ahmad Lone
R/o Hawal Nowshara Srinagar- 190011.
Presently posted as Teacher GHS Manigam
3. Shaiba Jabeen Aged 48 years
W/o Shafiq Ahmad Wani
R/o Umar Colony-B Lalbazar Srinagar- 190023.
Presently posted as Teacher GBMS Gratabal Khallamulla
Ganderbal
4. Nuzhat Jeelani 49 years
W/o Manzoor Ahmad Bhat
R/o Zakura Hazratbal Srinagar- 190006.
Presently posted at BHS Pandach Ganerbal
5. Waheed Rasool Aged
S/o Sheikh Ghulam Rasool
R/o New Colony Nowpora Khanyar Srinagar- 190003.
Presently posted GBHSS Batwina Ganderbal
6. Javid Iqbal aged 55 years
S/o Mohammad Iqbal Lone
R/o Ganderpora Eidgah Srinagar- 190002.
Presently posted at BHSS Manigam Ganderbal
7. Neelofar Jan Aged 53 years
W/o Abid Rashid Sheikh
R/o Iqbal Abad Buchpora Srinagar- 190020.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 2 OA 1382 OF 2025 WITH MA 1423 OF 2026

Presently posted BMS Warpoh Ganderbal.
……Applicants
By Advocate :
Mr. Mir Umar along with Mr. Rahee Maqbool
VERSUS
1. Union Territory Commissioner/ Secretary to Government,
Education Department, Civil Secretariat, Srinagar/Jammu,
Pin Code 190001.
2. Director School Education Kashmir, Srinagar; Pin Code:
190001.
3. Chief Education Officer, Srinagar - 190001
4. Chief Education Officer, Ganderbal- 191201 .
.... RESPONDENTS
By Advocate :-
Mr. Rais Ud Din Ganaie, DAG

O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]
01.
The applicants have filed the present M.A. seeking
disposal of the Original Application in light of
Government Order No. 98-JK(Edu) of 2026 dated
25.05.2026, whereby applicant No. 1, Ms Ishrat Wani, has
been transferred from District Ganderbal to District
Srinagar along with the post.
02. The applicants had approached this Tribunal seeking
directions to the respondents to transfer/adjust them from
District Ganderbal to District Srinagar on the basis of their
domicile/residential status and their claim of having been
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 3 OA 1382 OF 2025 WITH MA 1423 OF 2026

appointed against district cadre posts in the erstwhile
District Srinagar, prior to the creation of District
Ganderbal. The applicants have placed reliance upon
O.M. No. GAD(Adm)65/2012-1 dated 10.07.2012, issued
by the General Administration Department, Government
of Jammu and Kashmir, which provides for determination
of the district cadre status of employees in such cases on
the basis of the domicile factor.
03. It is the case of the applicants that, despite the aforesaid
Office Memorandum and the subsequent official
correspondence concerning the adjustment of employees
to their respective district cadres, their cases have not been
decided. They have further submitted that the respondents
have extended similar treatment to other employees,
including applicant No. 1, whose transfer has been
sanctioned vide Government Order dated 25.05.2026. The
applicants, therefore, seek similar consideration of their
claims in accordance with the applicable rules and
instructions.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 4 OA 1382 OF 2025 WITH MA 1423 OF 2026

04. Government Order No. 98-JK(Edu) of 2026 dated
25.05.2026 records that applicant No. 1, Ms Ishrat Wani,
was appointed as a Teacher in the erstwhile District Cadre
Srinagar vide Order No. 842-DSEK of 2007 dated
10.05.2007 and was initially posted at GHS Tulmulla,
Srinagar, which subsequently became part of District
Ganderbal upon the creation of the new district. Her case
was examined in the light of the instructions conveyed by
the General Administration Department vide Office
Memorandum dated 10.07.2012, and sanction was
accorded to her transfer to District Srinagar along with the
post.
05. Learned counsel for the applicants submits that, in view of
the subsequent Government Order dated 25.05.2026, the
grievance raised in the Original Application deserves to be
considered by the respondents in the light of the aforesaid
Office Memorandum and Government Order. It is further
submitted that the applicants are similarly situated and
their cases also deserve consideration in accordance with
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 5 OA 1382 OF 2025 WITH MA 1423 OF 2026

the applicable rules and instructions within stipulated
period.
06. Learned counsel for the respondents submits that the cases
of the applicants shall be considered by the competent
authority in accordance with the applicable rules,
regulations and Government instructions. It is further
submitted that the present M.A. and Original Application
may be disposed of with appropriate directions, without
prejudice to the rights and contentions of the parties.
07.
Having considered the submissions made at the Bar and
perused the material placed on record, I am of the
considered opinion that no useful purpose would be
served by keeping the present M.A. and Original
Application pending, particularly in view of the limited
prayer made on behalf of the applicants and the
subsequent issuance of Government Order No. 98-
JK(Edu) of 2026 dated 25.05.2026 in favour of applicant
No. 1.
08. Accordingly, in view of the limited prayer made on behalf
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 6 OA 1382 OF 2025 WITH MA 1423 OF 2026

of the applicants, this Tribunal deems it appropriate to
dispose of the present M.A. and Original Application with
the following directions:
(i) Insofar as applicant No. 1, Ms. Ishrat Wani, is concerned, her
claim for transfer from District Ganderbal to District Srinagar
stands addressed by Government Order No. 98-JK(Edu) of 2026
dated 25.05.2026, whereby she has been transferred to District
Srinagar along with the post.
(ii) As regards the remaining applicants, the respondents are
directed to consider their claims for transfer/adjustment from
District Ganderbal to District Srinagar, having regard to their
respective domicile/residential status and their claim of having
been appointed against district cadre posts in the erstwhile
District Srinagar, in the light of O.M. No. GAD(Adm)65/2012-1
dated 10.07.2012 issued by the General Administration
Department and Government Order No. 98-JK(Edu) of 2026
dated 25.05.2026, along with the relevant documents placed on
record. Such consideration shall be undertaken in accordance
with the applicable rules, regulations and Government
instructions, subject to verification of the respective eligibility
and entitlement of the applicants and provided there is no legal
impediment thereto. Where the remaining applicants are found
to be similarly situated and squarely covered by the aforesaid
instructions, their claims shall be dealt with accordingly.
09. The respondents shall pass a detailed, reasoned and
speaking order in respect of the remaining applicants
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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ITEM 03 7 OA 1382 OF 2025 WITH MA 1423 OF 2026

within a period of six (06) weeks from the date of receipt
of a certified copy of this order.
10. It is made clear that no opinion has been expressed on the
merits of the claims of the remaining applicants, and all
questions of fact and law are left open to be considered by
the competent authority while passing the aforesaid order.
11. With the aforesaid directions, M.A. No. 1423/2026 and
O.A. No. 1382/2025 stand disposed of. Pending
miscellaneous application(s), if any, shall also stand
disposed of.
12. No order as to costs.
13. Registry shall consign the record to the Record Room
after due compliance.

(JUSTICE RITU TAGORE)
Member(Judl.)


27.10.2026
DEVENDRA TRIPATHI


Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.27 15:41:05+05'30'
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Tripathi