Pregnant Rajouri Teacher’s Request For Nearby Posting Must Be Decided Within 2 Weeks, CAT Directs

In brief

The question

Whether the applicant’s request for suitable transfer, deployment, or adjustment on account of her advanced pregnancy and commuting hardship should be considered by the respondents.

The court held

The Tribunal disposed of the O.A. at the admission stage without entering into the merits.

It also directed

It directed the respondents to treat a copy of the O.A. as the applicant’s representation, decide her request for suitable transfer, deployment, or adjustment near Bathuni within two weeks of receiving a certified copy of the order, and communicate the decision to her.

No order was made as to costs.

01Facts

The applicant, a regularized Rehbar-e-Taleem Teacher, was posted at Government School, P.S. Chakal, Block Kotranka, District Rajouri, approximately 60 kilometres by road from her residence at Bathuni, followed by about three kilometres on foot through difficult terrain.

p. 2

In the eighth month of pregnancy, she sought a nearby posting or other suitable administrative arrangement, citing medical supervision needs and the hardship of commuting.

pp. 2–3

At the hearing, she limited her prayer to having the O.A. treated as a representation and having her request considered by a reasoned order within a specified time.

p. 3

The respondents appeared on advance notice.

p. 3

02Issues

i.Whether the applicant’s request for suitable transfer, deployment, or adjustment on account of her advanced pregnancy and commuting hardship should be considered by the respondents.

pp. 3–4

ii.Whether the O.A. could be disposed of at the admission stage by directing the respondents to treat it as a representation and decide it within a fixed period, without adjudicating the merits.

pp. 3–4

03Law Applied

The Tribunal cited no statute, service rule, or precedent.

It directed consideration of the applicant’s request for a suitable transfer, deployment, or adjustment against an available suitable post, subject to applicable service rules and administrative exigencies.

p. 4

The order therefore establishes no broader legal rule on entitlement to transfer during pregnancy; it requires consideration of this request in accordance with those stated constraints.

04Reasoning

Given the applicant’s limited prayer and the circumstances she presented—including advanced pregnancy and a difficult commute—the Tribunal considered that no useful purpose would be served by keeping the O.A. pending.

pp. 2–4

Rather than decide whether she was entitled to a particular posting, it directed the respondents to consider her case against an available suitable post, subject to service rules and administrative exigencies.

p. 4