Regularized ReT teachers are entitled to transfer requests based on medical grounds and established judicial precedents.

The applicant, a Teacher Grade-II (formerly ReT), served at her original place of posting, UPS Sallan, from June 2014 until March 2026

She was subsequently deputed to GMS Thanoon for approximately one month until a relieving order dated 11.05.2026 was issued by the Headmaster, GMS Thanoon, directing her to return to UPS Sallan

The applicant challenged this order, citing personal hardships, including the medical care of her aged in-laws and the education of her minor son in Basohli

She further contended that the distance to UPS Sallan (85 km by road plus 10 km on foot) constitutes immense hardship and that other regularized ReT teachers had been granted transfers while she was being denied similar treatment

1. Whether the impugned relieving order dated 11.05.2026, directing the applicant to return to her original place of posting, was arbitrary and contrary to the service conditions of regularized ReT teachers

2. Whether the respondents are obligated to consider the applicant’s transfer to an appropriate location within District Kathua based on personal hardships and established legal precedents

Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding the recruitment and conditions of service of persons appointed to public services

precedent set in Jyoti Gupta v. UT of J&K and Ors. (OA No. 161/2023), which addressed the transfer rights and "appropriate" placement of regularized ReT teachers after they have completed their initial mandatory service period

The Tribunal analyzed the applicant’s grievance in light of the Jyoti Gupta judgment, noting that the applicant had served at her original station for nearly twelve years (2014–2026), exceeding the standard five-year regularization period

It observed that while the applicant was temporarily utilized at GMS Thanoon, the sudden order to return her to a station involving a 10 km trek on foot—despite her documented family medical exigencies—required administrative review

Rather than quashing the order outright, the Tribunal determined that the respondents must evaluate the applicant’s case through the lens of parity with other regularized teachers who had been granted transfers

The court linked the facts of the applicant's service history and personal hardships to the legal framework established in Jyoti Gupta to justify a directive for administrative reconsideration

It directed the respondents to examine and consider the applicant’s case for posting at an appropriate place within four weeks, specifically in light of the Jyoti Gupta judgment and her personal/medical circumstances

Crucially, the Tribunal ordered that the applicant be permitted to continue performing her duties at her present place of posting (GMS Thanoon) until a final decision is taken by the respondents