Medically supported posting requests require reasoned consideration under applicable transfer policies, without creating any automatic entitlement.

The applicant, a regularized Rehbar-e-Taleem teacher in the School Education Department, sought a suitable posting within Zone Bandipora, District Bandipora, on medical and family grounds.

She relied upon medical certificates, including the report of the Standing Medical Board forwarded to the Chief Education Officer, Bandipora, on 18 May 2026, which recorded her medical condition and advised avoidance of dust, pollen and extreme weather conditions.

The applicant had earlier been posted within District Bandipora by order dated 13 June 2025, but that posting was subsequently withdrawn by the Deputy Chief Education Officer, Bandipora, on 23 February 2026.

She further relied upon Government Order No. 469-Edu of 2014, which, according to her, recognized the transferability of regularized Rehbar-e-Taleem teachers within their district.

She also sought mutual adjustment with a proposed substitute teacher and relied upon a Directorate communication dated 22 August 2026 by which similar requests had allegedly been considered and accepted.

The applicant ultimately sought a direction requiring the respondents to consider her claim fairly and pass a reasoned order.

1. Whether the respondents were required to consider the applicant’s claim for a suitable posting within Zone Bandipora, District Bandipora, in light of her medical condition, medical-board report, family circumstances and applicable transfer policy?

2. Whether the applicant’s request for mutual posting or adjustment with a proposed substitute, along with the treatment of similarly situated teachers, required consideration by the competent authority?

3. Whether the applicant’s grievance concerning withdrawal of her earlier posting dated 23 February 2026, together with the judicial precedents and other grounds relied upon by her, required examination through a reasoned and speaking order?

The Tribunal directed consideration of the applicant’s claim in accordance with the applicable service rules, regulations and transfer policy, including Government Order No. 469-Edu of 2014 dated 25 June 2014, relied upon for the proposition that a regularized Rehbar-e-Taleem teacher is transferable within the concerned district.

The Tribunal also required consideration of the medical material and Standing Medical Board report, the request for mutual adjustment, and the treatment of similarly situated employees.

The applicant’s reliance on Abdul Rashid Lone v. UT of J&K & Others, WPC No. 455/2020, Neelofar Nisar, and Jyoti Gupta, O.A. No. 161/2023, was directed to be considered; however, the Tribunal did not adjudicate the merits or authoritatively determine the applicability of those precedents.

The governing procedural principle was that a competent authority must apply its mind to relevant material and pass a detailed, reasoned and speaking order in accordance with law.

The Tribunal noted that the applicant had raised a limited grievance concerning consideration of her request rather than claiming an absolute right to a particular school or posting.

Since the record contained a Standing Medical Board report, supporting medical documents, an earlier posting within the district, a request for mutual adjustment, and material concerning similar departmental decisions, these matters were relevant to the administrative decision-making process.

The Tribunal therefore considered it unnecessary to retain the Original Application and directed the respondents to examine all relevant factors cumulatively, including the policy governing regularized Rehbar-e-Taleem teachers and the applicant’s grievance regarding withdrawal of her earlier posting.

Importantly, the Tribunal expressly refrained from expressing any opinion on the merits of the competing claims.

The respondents were directed to consider the applicant’s claim for a suitable posting within Zone Bandipora, District Bandipora, after examining the Standing Medical Board report dated 18 May 2026, medical documents, mutual-adjustment request, Government Order No. 469-Edu of 2014, the communication dated 22 August 2026 concerning similarly situated teachers, the grievance relating to withdrawal of the earlier posting, the cited judicial precedents, and the other grounds and documents placed on record.

The respondents were required to pass and communicate a detailed, reasoned and speaking order within four weeks from service of a certified copy of the Tribunal’s order, subject to the applicant satisfying prescribed conditions and there being no legal impediment.

No order as to costs was made.