![Authorities must decide the transfer representation by a reasoned order within four weeks, maintaining status quo meanwhile.. HAFSA BANO vs SCHOOL EDUCATION DEPARTMENT. CAT - ['Jammu']. LawLens](/stories/thumbnails/authorities-must-decide-the-transfer-representation-by-a-reasoned-order-within-four-weeks-bec8019150ad4b6d98d92e891a4cf01d.webp)
Facts
The applicant, a regularised General Line Teacher/Teacher Grade-II serving in Zone Assar, sought consideration for transfer to Zone-I, District Doda, citing her medical condition and the Tribunal’s judgment in Jyoti Gupta & Ors. v. Union Territory of J&K & Ors., O.A. No. 61/161/2023, decided on 20 November 2024.
Source reference: p. 2–3She also relied on an order dated 9 September 2026 permitting her to work at Middle School City Doda on medical grounds.
Source reference: p. 2–3At the hearing, her counsel stated that the applicant would be satisfied if the application were treated as a representation and decided in light of Jyoti Gupta.
Source reference: p. 2–3Issues
1. Whether the applicant’s claim for transfer/posting should be considered in light of the Tribunal’s decision in Jyoti Gupta
Source reference: p. 2–32. Whether the applicant was entitled to interim protection regarding her present or temporary posting while that claim remained pending
Source reference: p. 4Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an application before the Tribunal.
Source reference: p. 2The Tribunal referred to its judgment in Jyoti Gupta & Ors. v. Union Territory of J&K & Ors., O.A. No. 61/161/2023, and directed the respondents to consider the applicant’s representation in light of that decision; however, this order does not state the substantive rule established in Jyoti Gupta.
Source reference: p. 2, 4Reasoning
The applicant’s counsel limited the relief sought at the hearing to having the application treated as a representation and decided under the principles in Jyoti Gupta.
Source reference: p. 3–4The Tribunal therefore disposed of the matter at the admission stage without examining the merits of the transfer claim, directing the respondents to issue a reasoned and speaking order within four weeks of receiving a certified copy of the order.
Source reference: p. 3–4It also preserved the applicant’s status quo while the representation remained pending.
Source reference: p. 3–4Holding
The Tribunal directed the respondents to treat the Original Application as the applicant’s formal representation, consider it in light of Jyoti Gupta, and pass a reasoned and speaking order within four weeks of receipt of a certified copy of the order.
The respondents were further directed to maintain the status quo qua the applicant while the representation remained pending.
Source reference: p. 4The application was disposed of without an order as to costs.
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
HAFSA BANOvsSCHOOL EDUCATION DEPARTMENT
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