Tribunal directs respondents to decide plea on security threat certificate and allow provisional posting.

The applicant, Firdoos Hussain Mir, filed an Original Application seeking various reliefs, including the quashing of a circular dated March 6, 2026, issued by respondent no. 6 (Zonal Education Officer, Kishtwar) directing him to submit a fresh valid threat perception certificate

The applicant also sought directions for the respondents to verify his existing security threat perception certificate from the General Administration Department (GAD)/concerned security agency based on communication No. CEO/K/2024-25/10275-277 dated August 20, 2024

Additionally, he requested that his certificate issued by CID J&K be treated as valid until verification and that he be allowed to continue his duties at Government High School Sangrambhata during this process

The learned counsel for the applicant stated that the applicant would be satisfied if the OA was treated as a representation to the respondents for consideration and a decision within a stipulated timeframe

Whether the Original Application should be treated as a representation for the respondents to consider the applicant's case and decide on the validity and verification of his security threat perception certificate

Whether the applicant should be permitted to continue working at his current place of posting until his representation is decided

The court primarily applied Section 19 of the Administrative Tribunals Act, 1985, which grants the Central Administrative Tribunal jurisdiction to hear applications regarding service matters

The core legal principle applied was that administrative bodies have a duty to consider representations made by individuals concerning their service matters and to pass reasoned orders within a reasonable timeframe

The court applied the principle of administrative due process by directing the respondents to treat the Original Application as a formal representation

This approach ensures that the applicant's grievances regarding the security threat perception certificate and his posting are formally considered by the relevant authorities.

The direction to verify the certificate through the General Administration Department/concerned security agency in terms of the pre-existing communication (CEO/K/2024-25/10275-277 dated 20.08.2024) ensures that the process is grounded in established procedures and correspondence

The court's further instruction to pass a reasoned and speaking order, and communicate it forthwith, reinforces the requirement for transparency and accountability from the administrative body

Allowing the applicant to continue at his present place of posting, or avail leave if someone has joined, demonstrates an interim measure to mitigate potential hardship to the applicant while his case is being considered

The respondents are further directed to verify the security threat perception certificate of the applicant from the General Administration Department/concerned security agency within six weeks

They must pass a reasoned and speaking order and communicate it to the applicant forthwith

Until the representation is pending, the applicant shall be permitted to continue working at Government High School Sangrambhata if no one has joined at his place, otherwise, he may avail leave, and no coercive action shall be taken against him

The OA stands disposed of with no costs