Mandatory consideration of spouse-posting policy and transfer guidelines required when deciding representations against remote teacher postings.

The applicant, a Master at Government Higher Secondary School (GHSS) Sarthal, District Kishtwar, challenged Transfer Order No. 459-DSE of 2025 dated 13.12.2025.

The applicant joined the new post but submitted a representation on 29.01.2026 seeking a modification of her posting to a school near District Headquarters Kishtwar.

She cited "spouse-posting" grounds (seeking to be posted near her husband), compassionate grounds regarding her dependent father-in-law and children’s education, and the fact that her previous postings were in difficult/remote areas.

The respondents failed to decide on her representation, leading to this application.

1. Whether the respondents are obligated to consider the applicant's request for transfer modification based on the "spouse-posting" policy and compassionate grounds under the existing Transfer Policy.

2. Whether the Tribunal should direct a time-bound disposal of the applicant's pending representation.

Section 19 of the Administrative Tribunals Act, 1985, governing the jurisdiction of the Tribunal to hear grievances of government servants.

Clause 16(c) of the Transfer Policy of the Union Territory of Jammu & Kashmir, which mandates that when both husband and wife are in government service, they should ideally be posted conveniently at the same station.

The court did not delve into the merits of the applicant’s specific placement but focused on the procedural failure of the respondents to address her pending representation.

The Tribunal reasoned that since the Transfer Policy specifically provides for spouse-based postings under Clause 16(c) and the applicant had already joined her current posting while seeking relief, it was appropriate for the administrative department to exercise its discretion and review the case in light of her family circumstances and past remote postings.

It noted the applicant's willingness to dispose of the matter through a directed reconsideration by the authorities.

It directed the respondents to consider the applicant’s case for posting at a suitable school near District Headquarters Kishtwar in accordance with Clause 16(c) of the Transfer Policy and on compassionate grounds. This exercise must be completed within four weeks from the date of receipt of the certified order.