Court Directs Adherence to Transfer Policy for Employees Nearing Retirement.

The applicant, Zamured Hussain Khan, aged 59 years and 2 months, is aggrieved by Government Order No. 75-JK (Edu) of 2026 dated February 17, 2026, which transferred him from Higher Secondary School (HSS) Dhargloon to Higher Secondary School (HSS) Girls Mandi Poonch.

The applicant is due to retire in December 2026, with only 10 months of service remaining.

He is suffering from various ailments and is undergoing regular treatment.

The transfer order places him in HSS Girls Mandi Poonch, which is located in Zone-IV and is 100-110 kms from his residence.

This transfer is alleged to be in violation of the School Education Department's transfer policy dated April 24, 2023, which stipulates that employees aged 58 years and above should not be posted in Zone-IV and V.

At the time of the hearing, the applicant had not yet been relieved from his current posting at HSS Dhargloon.

Whether Government Order No. 75-JK (Edu) of 2026 dated February 17, 2026, transferring the applicant, violates the transfer policy issued by the School Education Department, Government of Jammu and Kashmir.

Whether the applicant should be permitted to continue working at Higher Secondary School (HSS) Dhargloon pending a decision on his representation.

The court's decision was based on the transfer policy dated April 24, 2023, issued by the School Education Department, Government of Jammu and Kashmir.

This policy, inter alia, regulates the posting of employees, specifically stating that an employee in the age group of 58 years and above shall not be posted in Zone-IV and V.

The applicant contended that his transfer order violated the transfer policy of April 24, 2023, as he is 59 years old and due to retire in 10 months, but was transferred to Zone-IV.

The counsel for the applicant requested that the Original Application be treated as a representation and directed the respondents to decide the matter with a reasoned order within a specified timeframe.

Given the limited prayer and to ensure compliance with the existing transfer policy, the Tribunal decided to dispose of the application at the admission stage without delving into the merits.

The Tribunal determined that directing the respondents to consider the applicant's grievances according to the transfer policy would be appropriate.

Furthermore, considering that the applicant had not yet been relieved, maintaining the status quo was deemed just until the representation was decided.

The respondents were ordered to decide the applicant's case as per the transfer policy dated April 24, 2023, and to pass a reasoned and speaking order within six weeks from the date of receiving a certified copy of the order.

This speaking order must also be communicated to the applicant.

Until the representation is decided, the status quo as on the date of the order is to be maintained, allowing the applicant to continue working at HSS Dhargloon if he has not been relieved.