Facts
The applicant was appointed as a General Line Teacher in 2016 and posted to a "hard/remote" zone (Uri, District Baramulla)
Source reference: para. 2Having served 10 years in remote areas, the applicant sought a transfer to Srinagar to care for his elderly widow mother, spouse (a government employee in Srinagar), and 15-month-old child
Source reference: para. 1-2Despite a communication dated 03.02.2026 from the Director of School Education Kashmir forwarding his request to the Commissioner/Secretary, no final decision was rendered
Source reference: para. 3The applicant filed the instant Original Application (O.A.) seeking a direction for transfer based on the prevailing Transfer Policy of 2023
Source reference: para. 1Issues
1. Whether the applicant has a vested legal right to be posted at a place of his choice based on personal circumstances
Source reference: para. 72. Whether the respondents are obligated to consider the applicant’s transfer request in light of the Transfer Policy dated 24.04.2023
Source reference: para. 10Law Applied
transfer is an "exigency of service" and an employee does not possess a vested right to a specific posting
Source reference: para. 7judicial interference in transfer orders is limited unless there is a violation of mandatory statutory rules or mala fides [State of M.P. v. S.S. Kourav and Union of India v. S.L. Abbas]
Source reference: para. 7Transfer Policy dated 24.04.2023, specifically Principles 3 & 7 (regarding zonation tenures and preference for those serving in hard zones) and Principle 16 (regarding the "couple post" policy for government-employed spouses)
Source reference: para. 4-5Reasoning
The Tribunal navigated the tension between administrative discretion and employee welfare.
Source reference: para. 7applicant had served significantly beyond the prescribed tenures for Zone-V (remote) areas—rendering 10 years when the policy ordinarily mandates one year
Source reference: para. 4applicant's request had already been processed and forwarded by the Director of School Education to the Commissioner/Secretary on 03.02.2026, yet remained pending
Source reference: para. 3, 10while the Court cannot mandate a specific transfer, the administrative authority must evaluate the "genuine grievance" of the employee against the benchmarks of the 2023 Transfer Policy and the "couple posting" guidelines
Source reference: para. 6, 10Holding
The Director of School Education Kashmir is ordered to decide the applicant's representation on its merits, specifically considering the communication dated 03.02.2026 and the Transfer Policy dated 24.04.2023
The decision must be passed within six weeks, with any delay attributable to the respondents
Source reference: para. 10Original Court PDF
Mohammad sajad tassvsSCHOOL EDUCATION DEPARTMENT
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