CAT declines to interfere with lecturers’ transfer to Gurez, says employees have no right to posting of choice
17/05/2026
Srinagar, May 16: The Central Administrative Tribunal (CAT), Srinagar Bench, has refused to interfere with the transfer of a group of lecturers to Gurez, observing that a government employee holding a transferable post has no legal right to remain posted at a place of personal choice.
The order was passed by M.S. Latif, Member (Judicial), in O.A. No. 479/ 2026, filed by Ab. Majeed Lone and others against the Union Territory of Jammu and Kashmir and other respondents.
The applicants had challenged Order No. 192-DSEK of 2026 dated May 8, 2026, under which they were transferred and posted as lecturers to Gurez.
The petitioners were represented by advocate M. Ashraf Wani, while Additional Advocate General Satinder Singh appeared for the respondents.
The applicants argued that the transfer order was arbitrary, illegal and contrary to the government transfer policy. They submitted that although they originally belonged to Gurez, many had migrated and settled elsewhere in Kashmir due to border tensions and difficult living conditions.
They also contended that several applicants had already served in hard areas, some were nearing retirement and one lecturer had a child with 100 per cent disability, warranting sympathetic consideration.
The Tribunal, however, observed that transfer is an incidence of service and falls within the authority of the employer, adding that courts and tribunals should ordinarily not interfere unless mala fide intent, incompetence of authority or statutory violations are established.
The CAT held that transfer policies are executive guidelines and do not create enforceable legal rights in favour of employees.
It further observed that the impugned transfer order did not appear vindictive or motivated by mala fide considerations and had been issued in administrative interest.
At the same time, the Tribunal took note of hardship-related concerns raised by the applicants and directed them to submit individual representations before the competent authority.
The authority has been asked to examine such representations on merit within 10 days and may allow the applicants to continue at their existing places of posting during that period, if considered appropriate.
While disposing of the matter, the Tribunal also emphasised the need to ensure quality education in remote areas like Gurez and observed that educational institutions in far-flung regions cannot remain without subject-specific teachers, particularly in areas cut off for months due to difficult terrain and weather conditions.
The CAT disposed of the original application along with connected miscellaneous petitions.
Share This Story |
|
Comment On This Story |
|
|
|
|