Stay granted against oral orders shifting attendance in violation of specific non-transferable engagement policies.

The applicant was engaged as a 3rd Rehbar-e-Taleem (R.E.T.) under Sarva Shiksha Abhiyaan guidelines on 12.12.2009 and subsequently regularized as a Teacher on 19.04.2016 (w.e.f. 01.03.2015)

A specific condition of his posting at Boys Primary School, Wanpora, Gurez, was that he should not be transferred as per the governing policy

The applicant challenged an "oral/informal" direction by Respondent No. 3 (Zonal Education Officer, Gurez) shifting his attendance to Zone Tulail, alleging it was an unauthorized change of zone in violation of the applicable policy

Whether the oral/informal direction to shift the applicant’s attendance to a different zone is legally sustainable in light of the non-transferability clause in his regularization order and the governing service policy

The court primarily considered the Sarva Shiksha Abhiyaan guidelines and the specific terms of the applicant's Regularization Order dated 19.04.2016, specifically Clause 1, which stipulates non-transferability

The court also applied the administrative principle that grievances regarding service conditions should be addressed through reasoned and speaking orders by the competent authority

The applicant contended that the verbal shifting of his attendance was arbitrary and violated the policy under which he was regularized

During the proceedings, the applicant sought to have the Original Application (O.A.) treated as a representation for departmental consideration

The Tribunal, noting the consensus between the parties, did not adjudicate on the merits of the transfer policy itself but focused on the procedural necessity of a formal administrative decision

The court reasoned that since the applicant’s entitlement was tied to specific "applicable rules and regulations," the respondents must evaluate the claim against the non-transferability condition of his original appointment

As interim relief, the court stayed the oral direction requiring the applicant to shift his attendance and permitted him to continue marking attendance at Boys Primary (now Middle) School, Wanpora, Gurez, until the disposal of the representation

The O.A. was disposed of with no order as to costs