CAT - ['Jammu']
Administrative and Public LawEmployment and Labour Law

Authorities Must Decide Posting Representation by Speaking Order While Applicant Remains at Current Station Pending Decision

RAKESH RAMOTRA vs SCHOOL EDUCATION DEPARTMENT

CAT - ['Jammu']JUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Authorities Must Decide Posting Representation by Speaking Order While Applicant Remains at Current Station Pending Decision. RAKESH RAMOTRA vs SCHOOL EDUCATION DEPARTMENT. CAT - ['Jammu']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant challenged two orders dated 21 September 2026, alleging that they displaced him from his teaching post at Government Higher Secondary School, Kandoli Nagrota, and facilitated the adjustment of respondent No. 4 against that post. He sought, among other reliefs, to remain at his present posting and challenged the adjustment as contrary to the applicable transfer policy and GAD Circular No. 09-JK(GAD) of 2026 dated 30 March 2026.

Source reference: p. 2

At the hearing, however, his counsel stated that the applicant would be satisfied if the Original Application were treated as a representation and decided within a specified timeframe.

Source reference: p. 3
02

Issues

1. Whether the Original Application should be disposed of by directing the respondents to treat it as the applicant’s representation and decide it under the GAD circular dated 30 March 2026.

Source reference: p. 3

2. Whether the applicant should continue at his present place of posting while that representation is pending.

Source reference: p. 3
03

Law Applied

The application was brought under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 2

The Tribunal directed consideration of the applicant’s representation in light of GAD Circular No. 09-JK(GAD) of 2026 dated 30 March 2026.

Source reference: p. 3
04

Reasoning

In view of the limited relief pressed by the applicant’s counsel, the Tribunal did not determine the merits of the challenge to the two orders or the adjustment of respondent No. 4.

Source reference: p. 3

Instead, it directed the respondents to consider the matter as a formal representation, apply the cited GAD circular, and issue a reasoned and speaking order within four weeks of receiving a certified copy of the Tribunal’s order.

Source reference: p. 3

To preserve the position pending that decision, it directed that the applicant remain at his present place of posting.

Source reference: p. 3
05

Holding

The Tribunal disposed of the Original Application at the admission stage, directing the respondents to treat it as a formal representation and decide it by a reasoned and speaking order within four weeks of receipt of a certified copy of the order.

The applicant was to continue at his present place of posting pending that decision.

Source reference: pp. 3–5

No order as to costs was made.

Source reference: pp. 3–5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Jammu']

Original Court PDF

RAKESH RAMOTRAvsSCHOOL EDUCATION DEPARTMENT

CAT - ['Jammu'] · September 30, 2026

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