After One Teacher’s Transfer, CAT Gives Officials Six Weeks To Consider Six Ganderbal Teachers’ Transfer Claims To Srinagar

The applicants, serving as teachers in District Ganderbal, sought transfer or adjustment to District Srinagar.

They claimed appointment against district-cadre posts in the erstwhile District Srinagar and relied on their domicile or residential status, as well as General Administration Department O.M. No. GAD(Adm)65/2012-1 dated 10 July 2012.

They said their claims had not been decided, despite similar treatment of other employees.

During the proceedings, Government Order No. 98-JK(Edu) of 2026 dated 25 May 2026 transferred applicant No. 1, Ishrat Wani, to District Srinagar along with her post, after consideration under the 2012 O.M.

The applicants then sought disposal of the O.A. and M.A. with directions for consideration of the remaining applicants’ claims.

The Tribunal relied on GAD O.M. No. GAD(Adm)65/2012-1 dated 10 July 2012, concerning determination of district-cadre status in cases involving the creation of a new district, and Government Order No. 98-JK(Edu) of 2026 dated 25 May 2026, which applied the O.M. to applicant No. 1’s transfer.

It directed consideration under the applicable rules, regulations, and Government instructions, subject to verification of each applicant’s eligibility and entitlement and the absence of any legal impediment.

No statute or judicial precedent was identified as a basis for the decision.

The Tribunal considered that applicant No. 1’s claim had already been addressed by the Government Order transferring her to Srinagar with the post.

For the remaining applicants, it did not determine their entitlement.

Instead, it directed the competent authorities to assess their individual domicile or residential status and claims of appointment to erstwhile Srinagar district-cadre posts against the 2012 O.M., the 2026 Government Order, and the documents on record.

Any applicants found similarly situated and covered by the instructions were to be dealt with accordingly.

The Tribunal expressly left factual and legal questions open for the competent authority.

The respondents were directed to issue a detailed, reasoned and speaking order on the remaining applicants’ claims within six weeks of receiving a certified copy of the Tribunal’s order.

The Tribunal expressed no view on the merits of those claims and disposed of the M.A. and O.A. without costs.