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.2Pursuant to a representation, he was attached to the office of the District Election Officer, Bandipora, vide order dated March 8, 2021.
Source reference: p.2His deployment/attachment was cancelled by an order dated February 19, 2026.
Source reference: p.2, p.4Following 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.3Respondent 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.3The 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.4The applicant sought a short period of protection until his medical examination and case evaluation.
Source reference: p.3Issues
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.4Whether interim protection should be granted against the impugned deployment order until the representation is considered.
Source reference: p.6-7Law 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.5Reasoning
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.5The 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.5Without 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.6The 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.6-7Holding
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.6Furthermore, 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.6-7No order as to costs was made.
Source reference: p.7Original Court PDF
Mudasir Wahab Lone v. Union Territory of Jammu & Kashmir and Others [O.A NO: 182 OF 2026]
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