Facts
The applicants challenged orders that kept in abeyance a proposed triangular reciprocal transfer involving three Rehbar-e-Taleem teachers (RRETs), and sought implementation of the transfer chain or, alternatively, a decision on the matter.
Source reference: pp. 2–3At the hearing, their counsel stated that the applicants would be satisfied with a direction to consider their cases for benefits extended to similarly situated RRETs under Annexures A-12 and A-13, taking into account a proposal forwarded on 8 March 2025.
Source reference: p. 3Issues
Whether the applicants’ cases for the claimed benefits should be considered in light of the treatment of similarly situated RRETs under Annexures A-12 and A-13.
Source reference: p. 3Whether the competent authority should consider the proposal dated 8 March 2025 and decide the applicants’ cases by a reasoned order within a specified period.
Source reference: p. 3Law Applied
The application was brought under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 2The Tribunal directed consideration in accordance with the applicable rules and the treatment accorded to similarly situated RRETs under Annexures A-12 and A-13.
Source reference: p. 3It cited no specific rule, precedent, or substantive legal doctrine governing reciprocal transfers; it did not decide whether the proposed triangular transfer was legally permissible.
Source reference: p. 3Reasoning
The Tribunal did not determine the merits of the applicants’ challenge to the orders keeping their transfer case in abeyance.
Source reference: p. 3Instead, in view of counsel’s stated position that the applicants would be satisfied with consideration of their cases, it directed the competent authority to assess the applicable rules, the treatment of similarly situated RRETs, and the proposal dated 8 March 2025.
Source reference: p. 3The authority must provide its reasons in a speaking order.
Source reference: p. 3Holding
The Original Application was disposed of with a direction to the competent authority to consider the applicants’ cases for the claimed benefits, including the proposal dated 8 March 2025, and pass a reasoned and speaking order within six weeks of receiving a certified copy of the Tribunal’s order.
The Tribunal made no order as to costs, and any pending miscellaneous applications were also disposed of.
Source reference: p. 4Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
RABIA TABASUMvsSCHOOL EDUCATION DEPARTMENT
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