CAT - Srinagar

Deployment cancellation stayed pending medical evaluation and representation consideration.

Mudasir Wahab Lone v. Union Territory of Jammu & Kashmir and Others [O.A NO: 182 OF 2026]

CAT - Srinagar2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Mudasir Wahab Lone, was initially appointed as Rahbar-i-Taleem in the School Education Department and subsequently regularized as Teacher-III on April 15, 2011.

Source reference: p.2

Pursuant to a representation, he was attached to the office of the District Election Officer, Bandipora, vide order dated March 8, 2021.

Source reference: p.2

His deployment/attachment was cancelled by an order dated February 19, 2026.

Source reference: p.2, p.4

Following this cancellation, the applicant filed a representation on February 20, 2026, with the Chief Education Officer, Bandipora, requesting reconsideration on health grounds.

Source reference: p.3

Respondent No. 3 directed the applicant to obtain a medical certificate from the competent District Medical Board, which the applicant applied for, and the board was expected to convene that week.

Source reference: p.3

The applicant developed serious health issues and was advised by a doctor on March 9, 2026, to avoid heavy physical exertion until proper medical evaluation by the Medical Board.

Source reference: p.4

The applicant sought a short period of protection until his medical examination and case evaluation.

Source reference: p.3
02

Issues

Whether the respondents should be directed to treat the applicant's O.A. as a representation and reconsider the cancellation of his deployment/attachment on health-related grounds.

Source reference: p.4

Whether interim protection should be granted against the impugned deployment order until the representation is considered.

Source reference: p.6-7
03

Law Applied

The court primarily applied the principle of administrative discretion in considering representations and the need for reasoned orders, along with equitable considerations for individuals with health constraints, drawing parallels to previous decisions of the Tribunal in "identical facts and circumstances," specifically citing O.A. No. 149/2026 titled Raheela Khan versus School Education Department and Others, decided on February 22, 2026.

Source reference: p.5
04

Reasoning

The court considered the applicant's plea to treat his O.A. as a representation, acknowledging his health concerns and the need for a medical board evaluation.

Source reference: p.3, p.4, p.5

The court noted that a similar relief was granted in Raheela Khan v. School Education Department, where the applicant faced "identical health-related constraints," suggesting a precedent for equitable treatment.

Source reference: p.5

Without delving into the merits of the cancellation order, the Tribunal opted for a limited intervention, directing the respondents to objectively review the representation, including the medical evidence (Annexure A-4), and ensure compliance with applicable rules.

Source reference: p.6

The court further recognized the immediate and pending nature of the medical evaluation, justifying a temporary stay on the impugned order to prevent undue hardship while the administrative process was underway.

Source reference: p.3, p.6-7
05

Holding

The court disposed of the O.A. by directing the respondents to treat the instant O.A. as a representation from the applicant and accord due consideration to his health-related grounds for reconsideration of his posting in Zone Bandipora or in the office of the District Election Officer, Bandipora.

The respondents were mandated to pass a speaking and reasoned order within three weeks, provided no legal impediment exists.

Source reference: p.6

Furthermore, the court granted interim relief, directing that the impugned deployment order dated February 19, 2026, shall not be given effect to for a period of three weeks, allowing the applicant to continue at Bandipora during this period.

Source reference: p.6-7

No order as to costs was made.

Source reference: p.7
CAT - Srinagar

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Mudasir Wahab Lone v. Union Territory of Jammu & Kashmir and Others [O.A NO: 182 OF 2026]

CAT - Srinagar

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