SCHOOL EDUCATION DEPARTMEN`II, SWP No

Transcription

;
.
U
www.ikeducation.gov'in
edu-ik@nic'in
Fax No: 0194-2450738 [S)
01e1-2s66s04 (lJ
I
GOVERNMENT OF JAMMU AND KASHMIR
SCHOOL EDUCATION DEPARTMEN'II,
CryIL SECRETARIAT JAMM U/KASHMIIR
(Legal Section)
Subject:-
SWP No: 594/2015 titled Sunita Sharma V/S {itate and others.
SWP No: 303/2015 titled Anju Sharma V/S State and others.
SWP No'.22212015 titled Pinky Gupta ViS State and others
SWP No: 583/2015 & 35112015 titled Meena Sharma V/S State
and others.
SWP No'.29112015 titled Monika V/S State and others
SWP No'. 62712015 Rabia Tabasurn V/S State and others
SWP No32212015 titled Mushtaq Ahmed V/S State and others.
SWP No.22512015 titled Shoket Ali V/S State and others.
swP No: 605/2015 CMA No'.72212015 titled Rakesh Kumar &
Ors. V/S State and others
SWP No: 301 12015, CMA No: 34'l 12015 titled Hamiet Ullah Wani
and others V/S State and others.
SWP No: 604i2015 CMA No: 72'1 12015 titled Ashiq Hussain and
others V/S State and others.
swP No: 31812015 CMA No: 375/2015 titled wahida Begum V/S
State and others.
SWP No: 3044/2014 CMA No: 4087/2014 titled Nusrat Begum V/S
State and others.
SWP No: 31312015 titled Jyoti Gupta & Shashi Bala ViS State and
others
SWP No77812015 titled Vandana Bakshi V/{i State and others.
SWP No. 461/2015 Farharl Ara V/lS State an<l others
SWP No: '1 4512015 titled Kiran Eala V/S State and others.
SWP No: 3500/2014 titled Bhopinder Singh V/S State and others.
SWP No. 3097/2014 titled Bajinder KourV/S State and others.
SWP No'.52412015 titled Shenaz Mir V/S State and others'
SWP No: 652/2015 titled Abdul Rashid NaikV/S State and others.
SWP No: 579/2015 titled Nafisa NeelofarV/S State and others.
SWP No44712015 titled Seema Kumari V/S State and others.
SWP No: 61512015 titled Meena Kumari V/S State and others.
SWP No: 133512012 titled Shurti Siharma V/S State and others.
SWP No: 19612015 titled Anuradha Sharma V/S State and others
SWP No: 500/2015 titled Kanchan Vashist V/S State and others.
SWP No. 230/2015 titled Beena Koul V/S State and others.
No: 61212015 titled Diwaker Sharma V/S State and others.
.
a-/
swP No: 466/2015 tifled Avin{sh Lata & Anr. v/s state and
others
swP No: 516t2010 tiiled Rahat Naz:ir V/s state and others
swP No: 382/2015 & swp No: 'f 3gst2o15 tifled Kutdeep Raj V/s
State and others
swP No: 490/2015 tifled rasree(ra Bano V/s state and others
swP No: 51512015 tifled Rattano Devi & Anr. V/s State and
others.
swP No: 735/2015 tifled yasmeNn Kouser V/s state and others.
swP No:44412015 tiiled Aruna Jhnrwal Vis state and others
swP No.44012015 tifled Ramesf Kumari V/s state and others.
swP No: 205/20'15 cMA No: 4t+t2015 tiiled Kamtesh Kumari
Sharma V/S State and others
swP No: 268t2015, cMA No:288/2Qlb tifled Meenu sharma V/s state
and others
swP No: 466/2016 tifled Hanifa fainb and another V/s state and
others.
swP No:79712015 titled Hanifa zaintb V/s state and others.
swP No: 538/2015 tiiled Mohd. Hussain V/S state and others.
contempt swP No: 12412016 in swp No: 466t2016 Hanifa
Zainab & Anr. V/S State and othefs.
swP No: 464t2015 CMA No: 568/2d15 tifled shabina Mir V/s state and
others.
swP No: 473t2015 CMA No. 577t2p15 tiiled yasmin Anjum V/s state
and others
swP No: 959/2015 tifled Zahida Haryeen v/s state and others.
swP No: 320t2015, CMA No:377.2A15 tiiled Uma Gupta V/s state and
others
swP No. 30612015 cMA No: 346/201s tiiled Foziiz Bhat V/s state and
others
swP No: 43612015 cMA No: 529/p015 tiiled shabnam parveen V/S
State and others
swP No: 120812015 cMA No: 01{2015 tifled \Auzaffar Hussain V/s
State and others
swP No: 297t2015, CMA No: 332/2p15 tiiled rabassum Ara V/S State
and others
swP No: 54912015 cMA No: 652/2015 Naseem Akhter V/s State and
others
swP No: 122012015 cMA No: 01 r2o1s tifled shabir Hussain
V/S State and others.
swP No 45212015 titled sanjay (umar V/s state and others.
swP No: 499/2015 CMA No: 60p/2015 tifled ritak Raj & others
V/S State and others.
swP No: 16612015 titled Harbans Kour V/s state and others
swP No: 19312015 tifled sarishta Dervi V/s state and others
swP No: 17312015 titled Raj Kurirar and others V/s state and
S
tc../
SWP No:22412015 titled Renu Shbrma V/S State and others
SWP No:22112015 titled Neelam Devi V/S State and others
Ref:
(t)
(lt)
(il r)
(tv)
(v)
Letter No. Edu/PS/DS/2016 dated: 27.2.2016
Government Order No:
D a t e d:$o -
tqq - Edu of 2016
-
05
2016
whereas, vide Government order No: 08-Edu o1'2015 dated:1b-012015,
all the
attachments/deployments
of teaching staff
viz.
Lecturers/Masters/Teachers at any level were rBvoked and accordingly Director
School Education, Jammu/Kashmir was directFd to relieve the attached staff
immediately to their original places of postings;
Whereas, petitioners filed the above titled writ petitions challenging
Government orders and subsequently, relieving orders thereof and the Hon'ble
High Court while disposing of these cases has directed
the
Commissioner/Secretary to Government, Schoql Education Department to give
a fresh look to Government order No: 08-Edu of 2015 dated. 15.01.2015 and
Government Order No: 169-Edu of 2015 dated: 16.4.2015;
whereas, the Government with
a view to
ensuring universal
education has been opening and upgrading schpols in remote areas, in addition
to the cities and towns etc.:
whereas, in a bid to provide quality education, the Government has
taken a series of measures to provide the requir']ecl infrastructure and manpower
to the schools;
Whereas, an employee holding transferable post has no right to insist that
he/she should be allowed to serve at a particflar place for a particular period.
r is generally a condition of service arld employee has no choice in the
o
in public interest
matter. Trdnsfer from one place to other
efficiency
irir
and
a public servant is transferred,
the public administration. Whe
he must complY with the order;
Wherdas, in terms of Rule 27 of Class
1956, a member of a service or class of a s
tion Control and APPeal Rules,
ce may be required to serve in
any part of the Jammu and Kashmir State in
post borne on the cadre of such
service or <ilass;
Court Srinagar vide order dated:
Wherbas, Hon'ble Full Bench of J&K
31.8.2015 in SWP No: 147612014 clw
No: 148112014 and SWP
No:
has no enforceable right to
a minimum of two Years in a
station or post;
Wherbas, transfer of a Government serva
is an incidence of service and does not effect
from one place to another Place
alter the terms and conditions of
service;
Wher]eas, the issue of transfer and
has been considered time and
again by tljre Hon'ble High Court and the Apex
rt, and the entire law is settled
by catena of decision of the Apex Court. lt is settled law that transfer of
a
GovernmQnt servant appointed to a particular
re of transferable Post from one
place to tfre other is an incident of service.
Government servant, therefore,
has any lfgal right for being posted at any pat
place;
Whefeas, vide Government Order No:
-Edu of 2015 dated: 22.12.2015,
transfer policy of the Department was i
categories have been identified for special
. ln the given transfer PolicY
1
ion and general PrinciPles have
been laid down;
Wheleas, vide Government Order No:
du of 2016 dated: 02.02.2016,
upon review of attachments/deployment
staff in the school education
departmeirt, series of measures have been ta
Whereas, matter has been examined
to make the schools functional
the Department and it has been
found that Government order No: 08-Edu of
15 dated: 15.01 .2015 has been
purely issued in the larger public interest as
said order does not contain any
es or is in violation of rules of service;
o
whereas, the department has further issued Government order No: 26Edu of 2016 dated: 02.02.2016 whereby generaf directions have been issued to
officials
the Directors and others field functionaries for $etachment of attached
to rationalize the human resources and provide the teaclring faculty in the
schools;
Now, therefore, in compliance of the direcfions of the l-'lon'ble High Court,
policy
case(s) of the petitioner(s) have been examined with referenoe to transfer
issued vide Government Order No: 622-Edu of 2015 dated: 22'12'2015 and
Government Order No: 26-Edu of 2016 dated: 02'02'2016, with due
consideration of the facts germane to the individual and the decision has been
indicated in the Annexure
"A" to this order.
It is further ordered that in the cases where the claims have been found
genuine for suitable adjustment, Director Schopl Education, Jammu shall pass
the necessary orders within three days positively and where the claims are
assessed
to be in-genuine and stand rejqcted, officials are directed to
immediately join the place where they have bQen transferrerd within three days
failing which appropriate disciplinary proceeflirrgs shall lce initiated by the
concerned Director without any further notice.
By Order of the Government of Jammu and Kashmir'
sd/(Shaleen Kabra)
Comm iFsioner/Secretary to Government
School Eclucation DePartment
Dated:-f6 -05-2016
No: Edu/Legal/J/Mis c-| 1312016
Copy to the:1. Director School Education, Jammu
2. Sh.
Ravinder Gupta, Additional Advocate General, J&K High Court,
Jammu.
to Commissioner/Secretary to Giovernment, School
3.
Pvt. Secretary
4.
5.
6.
7.
Education Department.
l/C Website
Petitioners (Concerned)
Government Order file
Stock file
( R,K. Misri )
Under Secretary to Government
School Education Department
lqtl
No
Ord
Annexure "A" to Government
-
D a t e dlO-05
Edu of 2016
2016
Decislon
SWP No.59412015
Sunita Sharma V/s
18 DSEJ 4f 2O1s dt' 74l2l2o
1
Order No. 08 - Edu-2015 dated
-
&
p.tition"r is claiming
ih.l.-h.
Govt'
tl2oL5.
adjustment in Jammu
om
I
certificate issued bY the
on
Standing Medical Board
!71!712012'
slsl2oo3
on ttre basis of
Brief
State & Ors.
1/ The
Petitioner was
Dieiana Jammu on Medical '
fra-s neen earlier transferred
Raiouri to Distt' Jammu'
2/ fhe Petitioner is aggrieved
Digiana to
from
HS BhatYari Dansal'
is seeking quasn
3/ Petitioner
o
above mentioned imPugned
transfer the Petitioner to
could get ProPer medical
4/ In terms of
Medical certificate given
bv the Medical Standing
Board certifies
that
petitioner has been found
to have Rheumatic Heart
H5
Disease/Mitral
Stenosts
(Sever) class lll. Though the
been
s and to
so that she
petitioner has
adiusted in district Jammu
against the
vacancy.
petitioner is
Hon'ble High Court order
dated 271212015 Petitioner is
her present Place of Posting i'e
medical
&
Distt.
the above
which the
mentioned orders bY virtue
petitioner has been transter
Rejected
citY
inuing at
Digiana.
available
However
seeking*
adjustment in Jammu cttY
on
medical grounds' At
present, there is no vacanl
post
of Master in Jammu
city
and continuous
is not legallY
attachment
permissible'
SWP No. 303/201
Anju Sharma V
State & Ors.
Jammu
Gour Otd.t No' 08
\5lIl2O15 &
-
E
Relieving
GHSS/B/511-13 dated
Sumah to HSS Bhalwal'
1'
-2015 dated
order
-01-2015.
no.
HS
Brief
2/ The petitioner is
mentioned orders bY virt
oetitioner has been
Bhalwal, Jammu and
to her original Place
3/ Petitioner is seeking
reDort
above mentioned and in
High Court
oroer
Petitioner is continuing at
of posting i.e, GHSS
such
attachment/
1/ The Petitioner was
GHSS BhalwalJammu from
Fltnion"t was working in
surplus caPacity and as
continuous
dePloYment
is not legallY maintainable
of the above
of which the
from 11SS,
directed to
shment of the
ms of Hon'ble
d
r1.l2l2ors.
present Place
and same is devoid
merit.
of
Rejectecl
1.
swp tto. 22212015
Pinky GuPta V/s
Pet-et'rtioner
- Edu-20
G."t-fi", N;08 Relieving
&
l5hl2}I5
221 Il 2oI5'
Master
No.cHSS/p/a11-15 dt'
State & Ors.
/ surPtus
capacitY and as such
attachrnent basis
Brief
GHSS Paloura' Jammu'
Rejecteo
was working on
continuous
2/ Vide Govt. Order No' 585dated 61812014 the Petit
transferred and adjusted in GHS
3/ The Petitioner is aggrieved of
mentioned orders bY virtue of
petitioner has been relieved
Paloura, Jammu and further di
report to CEO, Jammu for further
3/ Petitioner is seeking qu
above mentioned orders on
of
Pa
attachment/dePloYment
2014
not
loura.
is
legallY maintainable
and same is devoid of
of the
grou nds
that the said Govt'
Order No. 08 is not aPPlicable
ln terms of Hon'ble High
dated 30/1/2015 Petitioner is
present Place of PTtitg]"'
4l
SWP No. 583/2OI5
&
Master
3s1.l2]t5
Jammu
Pa lou
ra.
i-8- DSEJ d ,o1s at' t'qlzl 5 GGHS
ni District
Gandhi Nagar to HS Saloon'
Reast.
Meena Sharma V/s
State & Ors'
/ surplus
attachment basis
continuous
Brief
ployed in
1/ The Petitioner was att
attachment/dePloyment is
GGHS
not
Gandhi Nagar, Jammu
2/ The Petitioner is aggrieved
mentioned
orders bY virtue
petitioner has been relievecl
Gandhi Nagar, Jammu and fur
to report to CEO, Jammu for
3/ Petitioner is seeking qua
above mentioned orders
that the said Govt' Order
applicable to her'
Rejected
F-"tnion.t was working on
the above
which the
from
legallY maintainable
GGHS
merit.
directed
duties.
t of the
the grounds
. 08 is not
High Court Order
Petitione is continuing
i'e GHS Gandhi
4,1 In terms of Hon'ble
dared 25l2l2ot5
present Place of Posting
Nagar, Jammu.
SWP No.291/2015
Monika V/s State
& Ors.
Master
Government Order No' 08
15-01-2015
&
Relieving
of 2015 dt:-
Petitioner was working on
order
attachment basis
No.
HSS/B/286-88 dated 20/1/201
continuous attachment/
Brief
1/
Vide order No'
29160
819l2OL4 issued bY
- 63
dated
ioner
CEO, Doda, the
was
GHSS Bhalara
transferred from GHS Beja
against promote.
of the above
2/ The Petitioner is aggri
which the
of
virtue
bY
rders
mentioned
petitioner has been
from HSS
to GHS Beja..
ment of the
re
Bhalara and directed to
that the said Govt'Order
applicable to her case'
dated
the grounds
08
is not
Hi
Court Order
91212015 Petitioner
continuing at
Po
GHSS
4/ln terms of Hon'ble
her present Place of
Bhalara, Doda.
/ surPlus
i.e
deploYment is not
legallY
maintainable and same
devoid of merit'
is
Rejected
@.)
C
5.
SWP No.62712015
T-he petitioner
2015 dt:-
Order No 08-Edu
G*".t"nt
Brief
7l Vide order No. 2495
7218/2014 issued bY CEO,
petitioner was transferred fro
to H5 Breswana Zone:
deployed to PS Nalwa Zone:
certificate issued bY the
dated
Doda, the
Medical SuPerintendent,
Doda on t81212075' Ihe
GUPS Ludna
further
medical certificate given
oY
orders
said Govt. Order
Superintendent,
certifies that the Petitioner
is found to have T2DM with
HTN. and has aPPointed
. 08 is not
applicable to her case'
4l In terms of Hon'ble
i
Doda
2tltl2015
wana.
the grounds
above mentioned
dated 21312015 Petitioner
her present Place of Posti
of
the
54
the relieving
order ZEO:lG/t652-54
and directed to rePort to, Hs
T
present Place of Posting on
medical
basis
and
that the
Rejected
claiming
tne
continuation on
15-01-2015.
Rabia Tabsum
V/s State & Ors.
is
that Petitioner
regular lifelong meditation'
Court Order
continuing at
i.e
neeos
Vide Govt' Order No' 622-
PS Nalwa
Edu of 2015
dated
22.12.2015, under
clause
'17' of the said Policy
ReTs/RReTs has been
directed not to De
governed bY this PolicY'
The policY with regard to
SWP No.32212015
Mushtaq Ahmed
V/s State & Ors.
RRET
Go*o\r.tttment Order No' 08-E
15-01-2015 & Relieving
r
them shall be
notified
of 2015 dt:-
P"tition.t was
initiallY
No,HSSB/03
engaged
dated 17-01-2015
1/ Vide order No.
CEO/DI
4l7l2O!4 5h. Mushtaq
Manchar was transferred
HSS Bhagwah on vacant
2/
Principal, HSS Bhagwah
:.31812074
as
RET
in
UPS
Manchar.
intimated
CEO,
was no Post lying vacant in
.3/ The Petitioner is aggrie
mentioned orders bY vi
oetitioner was relieved
and directed to rePort to
posting i.e, UP5 Manchar'
above mentionecl
that the said Govt'
Or
77-79 dated
Teacher UPS
Govt. Order No. 622-Edu of
adjusted in
2015 dated 22.t2.2075, in
supersession of all Previous
letter dated
order transfer PolicY for
that there
said school.
of the above
of which
the
HSS Bhagwah
nl original Place
of
shment of the
on the grouncls
No. 08 is not
applicable to his case.
5/ In terms of Hon'ble
dated 12/2/2015 Petit
Court Order
is continuing at
present place of posting
HSS Bhagwah.
emPloYees of school
education dePartment has
the
been notified. However,
under clause '17' of the
said policY ReTs/RReTs has
been directed not
to
De
The policY with regard to
them shall be
notified
sepa ratelY.
Till the PolicY is
framed,
petitioners
deployment/attachment is
not legallY and allowed
and hence devoid of merit'
Rejected
(q)
t:./
I
S\\.'P
0
\-
.
J;
-'.:-:
c-'"r*"ent----.rr""tmento'derNo'08Relievi
engaged as RET
order
dated:-15-01'-2015
i
-
:
Doda
of 2015 F]et',il',orr"r*as
initia
in
I
Rejecteo
lY
UPS
Battal.
No.zEOlD/l-s03-11 dated 22-01j
Brief
Doda
1/ vide Chief Education offic ,
32006-10 dated t417012014
ZEO
Shoket Ali shall work in
1
as a ZRP.
petitioner was relieved
Gundna as a ZRP and dir
their original Place of
Battal'
3/ Petitioner is seeking qua
that the said Govt'Order
,{
applicable to their cases'
4l In terms of Hon'ble
H
dated
30/1/2015 Passeo
directions "As the
petition is similarlY situ
petitioners of SWP No' 17
issued bY this Court shall si
the petitioner of this writ Pet
No.
of
Govt. Order No' 622-Edu
petitioner
tn
2015 dated 22't2'2015'
supersession of all Previous
Gundna
order transfer PolicY for
the above
which the
emPloYees of school
education dePartment nas
the
ZEO Office
to report to
i,C, UPS
been notified' However'
under clause '17' of the
said policY ReTs/RReTs has
of the
the grounos
08 is not
been directed not
Court Order
following
them shall be
be
The PolicY with regard to
of this writ
with the
sepa
15
(suPra)
rly apPtY qua
as
to
ratelY'
Till the PolicY is
well."
notified
framed.'
petitioners
is
deploYment/attachment
not
legallY allowed
ano
devoid of merit.
No
6Os/2OLs
Rakesh Kumar & Ors'
V/s State & Ors.
SWP
Master
/Tr./RR
ET.
AoGrnr*nt Order No' 08-Edu
2015 dt:-15-01-
F-.t,tion"rt are still working
rrl34212oos
2015 vide its endorsement No'
olDlGenl4l991'
No'
Circular
t5/Ll2Ot5,
daled
42!27 dated 28lL/2oI5'
endorsement
No'
5-98
dated
24/tl2OLS of ZEO Bhagwah
by the
1/
Vide various orders
Education Officer, Doda
the
ZRPlCRP.
Petitioners have comPleteo
stay of more than two Years'
ith
Chief
various
were sent
Peti
on
to resPective
deputation with a direction to
in DIET's , Zones
their
for
cEo'slzEo's
as on
& Clusters respectivelY as a petitioners
today are functioning as ZRP'
KGBV.
vi
petitioners were relieved and
their original Places of Postit
3/ Petitioner s are
above
same
seeking continuation on
in not legallY
devoid of
and
maintainable
place
of
Posing
merits.
of the above
2/ The Petitioners are
mentioned orders bY
Rejected
and
beyond comPletion of staY
Brief
endorsements
as
of which
the
ted to rePort to
seeking quashment of the
the grounds that
orclers
mentioned
applicable to
the said Govt.Order No' 08 s not
their cases.
4/ ln terms of
Hon'ble
Hi
213l2015 the Petitioners
SWP No.301/2015
Hamiet Ullah Wani
&
Ors.
v/s
State
Court Order dated
continuing at their
of 2015 dt:Government Order No'
DIET Doda
15-01-2015 & Relieving order
Petitiotitio*rt are stiII working
as ZRPlCRP.
1640-50 dated 29-01-201
and ors.
Brief
by the Chief
orders
various
Vide
r/
the
all
Petitioners
Education Officer, Doda
trl
directed
and
s
as
a
were dePloYed
report
to
PrinciPal DIE
Doda for furlher
Petitioners have comPletecl
stay
of more than two
years, beYond comPletion
of staY and
seeking
Rejected
rh( petitioners are
2/ The
aggriev rd of the
oove
)ve mentioned orders by virtu( of which
pel
thc petitioner
was relieved from tlET Doda
a
I
andI directed
dir
to report to their ori; inal place
of post
lostings i.
continuance on same place
of
posing
in not legally
maintainable and devoid of
merits.
is seeking quashm€ nt of the
)ve mentioned Orders on tt e grounds
thatt the
tl
said Govt.Order No. )8 is not
Pet
3/ Petitioner
a
bove
a
pplica
.llicable to their cases.
4l
Ihe Hon'ble High Court vide
ihe
O der dated
1.0/2/2
'2/201,5 passed directions that the order
rrnpugr
rugned in the present petitior shall not
be acted
actr
upon and the petitionel s shall be
a ilowe(
rwed to serve at their presen place of
the petitioner shall also be paid their
posti
;ting
n€
salarv.
I ry.
SWP No.604/2015
Ashiq Hussain &
anr. v/s State and
LL
Teacner
Doda
Gove
vernment
rnme nt
Order No. 08-Edu of 2015 dt:&
Relieving
order
lEO/D/2:
lEO
/ D / 235-37 dated L9-01-20 5.
1s 01-2015
01-2015
Nct
Petitioners are still working
Rejected.
as ZRP/CRP.
However, DSEJ
advised
ors
IBrief
petitioners i.e, Ashiq Hussa 1 Teacher
1/ rhe
lhe petiti,
l-lS Tilogra and
i
Ayaz Ahmed H i Manoie
were
re deployed
deptoy
as CRP in Zone Bha :yas Vide
CL'O
) Doda's
Doda's orders dated 24/1C t2Ot4 on
secuurity+
rity+ health
grounds.
hei
2/ The petitioners
peti
are
aggriev,
d of
the
above
rve mentioned
menti
orders by virtu( of which
petition
tlre petitioners
were relieved f om ZEO,
Off ice Bhatyas
Bhat
and directed to report to
their
ir origlnal
origlna place of postings HS lilogra &
tlS Ma
Manoie
noie rrespectively.
.i/ The Petitioners
Petiti
are seeking q rashment
of the
:he abov
mentioned
)roers on
sccurity
urity + health
grounds
he
T
above
4i
Hon'ble High Court vide Orr er dated
Hon'ble
2/3/2075
2
dir
that the status quo with
/2015 directed
to
rl
regard
rrd
pr
present
place
of
postir
pctitioners
rtioners shall be maintain(
irnpugned
ugned in
in the present petition
be acted up(
upon and the petitioner
allowed
a
wed to sserve at their present
p
posting
ting the ppetitioner shall also oe
g of the
d
order
shall not
shall be
place of
laid their
Petitioners have comoleted
stay
of more than two
cancer of his wife.
seeking
continuance on same place
of
posing
in not legally
maintainable However,
far as ailment
of
so
his wife is
concerned who is suffering
from Breast Cancer, Chief
education Officer, Doda
can be advised for suitable
posting where from he will
attend his spouce regularly
, but continuation of the
petitioner as ZRP/CRP is no
ground at all for retention,
salarv.
ry.
SWP
L1
No,
31.8/20ts
i
Wahida
Begum
Master
Doda
Govrrernment
Order No. 08-Edu of 1015 dt:&
Relieving
oroer
previous place
No.ZLEO /
on deployment basis. Claim
D
/235-37 dated 19-01-201
V/s State & Ors.
Brief
1
1//
The
The petitioner Wahida Begun Teacher
Middle
dle School
5
Siya was deployed
MS City
i
Boyss Doda.
Dor
,)
/
rhe
I he petitioners
are
aggrieve
AL
aoove
ve mentioned
r
orders by virtue
I of
rf
IT
rnc
petitioners were relievr J
p(
1l /D/23s-37 dated r9/t/20: i,
^o/D/2
di ected
d
cted to report to their
i
r
the
which
vide
and
origina place of
i.e, MS Siya.
fhe Petitioners are seeking qt rshment
3 The
-ll
ol the
o1
re above
al
mentioned orders
4i In tr
4i
terms of Hon'ble High Cor t Order
p( ntangs
pos
ngs
F
.
:d
d; ted
da
cfl nti:inuing
co
nu ir
!2/2/2015 the petit )ner ts
at present place of pc ting i.e,
M Citv
MS
City Boys
t
Doda.
^{\
Petitioner is continuing on
I 11-2015
150
of
posting
petitioner
of
continuation
for
on
attachment/deployment is
not legally maintainable
and devoid of merit.
is
post
him suitably in
view of breast
years, beyond completion
of stay and
to
Rejected
(ri
is
)
L7/9/20L4
Petitioner
dated 20-
continuation on the basis
pass
of medical
order as per the
requirement and
issued
claiming
certificate
by the
Standing
lMedical Board who
rat Begum
lS Halyan
y relieved
ts
from Neuro
problem. lt is submitted
that claim of petitioner
transfer policy.
on
not
maintainable
relieving
;hment of
as per the topography and
transfer policy in vogue.
proposal
urt
necessary
is
previous place
however, concerned CEO,
will be advised for suitable
;
directed to
suffering
legally
the above
DSEJ is
of the petitioner
Order
0ner are
)f posting
2015 dt:-
The petitioners are seeking
continuation on the
previous places of posting
on Medical
anamana
Grounds.
Medical Certificate issued
by the Standing Medical
Board provides that Shashi
Bala is suffering from lower
back
ache and has been
to avoid long
advised
distance walking while as
l.S.Marh
Gharota)
and
HS
:ively on
Spondylosis
advise
had
to
been
la r
regu
physiotherapy and avoid
prolong travel. petitioners
are not suffering from any
of the
life consuming disease
well
and such claim is devoid of
merits,
ch
as
the
eport to
rnd
the
-.port to
ment of
Medical
t
Jyoti Gupta as per Standing
Medical Board is suffering
from Survical and Lumber
Order
posting
hamana
Rejected.
Petitioners
been
have
posted
wherefrom there
health issues can
be taken care of.
@
IJ
SwP No.7781201s
Vandana
Ma ster
Jammu
Bakshi
Gove nment Order No. 08-Edu
2015 dt
Since
the oetitioner
working
L5-0 1 -2015
V/s State & Ors.
'ing order
Relieving
I
dated
16/r/201
2015
Brief
Master
basis
and can not be allowed to
continue on attachment
capacity and hence claim is
not
p
1/ rhe
he petitioner
Vandana Baks i
vide Chief
Chi
Education Officer
Rejected
on
surplus/attachment
No.GHSSGN
was
legally
maintainable
and devoid of merit.
Jammu
corrigendr
iendum No. CEOJ/Prom./M t6t25-27
dated| 23/8/20L3
23l
was initially adjr rted in HS
Kote Meira
Meir and now finally adjus ed in HSS
Gandhi
hi Nagar,
N:
Jammu.
e petitioner is aggrieved of he above
mentionel
ioned Govt. Order as well a relieving
I
oroer by
oy virtue
of which the peti oner was
directed
.ed to
tl report to CEO, Jammu or further
du ties.
petitioner is seeking qua hment of
3. The
e pe
the a bove
love mentioned orders
.
rn'ble High Court has
4j! rton
dire
:ted vide
Order dated 13/3/2015 that he order
rmpugn
3ned in the present petitior shall not
L^
a
-^+^
ted
llowed
ed
upon and the petition€
to served at her
presen
shall be
place of
postr ng
16
SWP No.4611201,5
Farhart
Ara
State & Ors.
V/s
M?ster
Jammu
14-o2--2015 & Government Order
o. 08-Edu
No medical certificate has
issued by the Standing
As per transfer
policy of the
of 201.5 dt:-15-01-2015.Transferr
, to GHss
Medical Board
Department,
transfer can
Gove rrnment
Order No. 18
DSEJ
2015 dt:-
,
prescription
5am norte Pachari
pe
1/ The: petitioner
was transferred { 'om KGBV
rr (Chenani)
(C
Tanilar
tand directed tc report to
further duties.
here
:re after CEO, Jammu atti ched the
petitioner
rner in GHS Bhatandi till furt rer orders
on medic;
rdical grounds.
of he above
well a relieving
oroer Dy'
by virtue of which the petit oner was
is aggrieved
men Lione
oned Govt. Orders as
d
i
rected
ed
to report to
)emnote,
HSS
Pancharr.
arL
pe
3. Ihee petitioner
is seeking qual hment of
the d bove
rove mentioned order.
rn'ble High Court has dire :ted vide
!i! ron'b
Order dated
da
24/2/2OI5 that ne oroer
1
ncd in the present petition shall not
ncd
be acted
ted upon and the petitione shall be
allowed
rd to
t served at her presenl place of
irr
p
ug
postingg
i.c
i.c,
acco rded.
YN
GHS Bathandi
is devoid
of merit.
till a fre sh look
is
no
be
effected
medical
on
grounds
without
recommendation
of the
standing
medical
2/ .f
p
3/ lhe
re petitioner
Doctor.
Continuous attachment is
not allowed and such claim
Brief
CEC, Jamr
lammu for
of
exceDt
board.
Hence rejected.
o
1-7
SWP No.145/2015
Kiran Bala
Teacher
Jammu
V/s
State & Ors.
Relieving
order No. GGHSI
t9/Ll20t5
&
/671. dt.
Order No. 08-Edu o '20L5 dt:-
1s-01-2015
_
L/ The petitioner was transferred from GHS
Khepar Zone: Miran Sahib to GHt Baghwati
Nagar vide DSEJ/NG/M/23937_ t1
3/72/2OI3 and corrigendu n
4 dated
is
Rejected
legally not maintainable
merit. Even otherwise also
Brief
DSEJ/NG/M/s8 9!_9
Continuous attachment
petitioner has completed
the stay of more than two
years in the said school.
dated
No.
24 /,J.2/ 2013.
2/.The petitioner is aggrieved of he above
mentioned Govt. Orders as well a relieving
order by virtue of which the petit oner was
directed to report to CEO, Jammu.
3. The petitioner is seeklng quar hment of
the order No. GGHSB/67tdt. tg/t 2075
4/
Hon'ble High Court has dire :ted vide
dated 22/7/2015 that t re oroer
impugned in the present petition shall not
be acted upon and the petitioner shall be
Order
allowed to serve
at,
GHS Baghwati Nagar
till
fresh look is accorded.
t18
SWP
Teadher
No.3500/2014
Bhopinder
Jammu
uroer No. 08-Edu of 2015 dt:-15-01 2015.
Singh
Brief
V/s State & Ors.
1/ The petitioner was transferred 'om HSS
Chandoosa Distt. Barmulla to Jam ru for a
period of 1 year on Medical Grou rds. The
lien and promotion
prospects
petitioner were retained
in
his
of
pa
the
rents
district.
2/. Thereafter the said period of
was
further extended upto
tra nsfer
1g_12_2( 14.
3/ Hon'ble High Court has direc ed vide
Order dated I8/t2/20I4, that the present
status
of the petitioner shall 'tot
distu rbed.
a
s
\,
be
Vide Govt. Order No. 101G-
Case being
Edu of 2013
covered
dateo
78/ 72/2013 | nter provincia
transfer policy
I
transfer of Bopinder Singh
in
HSS
Baramulla to
Medical
Chadoosa
Jammu on
Grounds.
not
under
rejected.
is
(9
iq
Lecturer
,
-_ - - _:
l1a
zL
1- -:=:::1
I
Jammu
1 |
ill
1.: -'
, !
Relieving order dated
J.4 by the
Petitioner was working in
Principal, HSS, Channi
Govt. Order No. 07-GAD
Jammu &
surplus capacity and
dated
-:
17
(
mp) of
2014
/9/2014.
such
attachment/
Rejected
as
continuous
dePloYment
is not legally maintainable
GHSS
r vide order
merit. Even otherwise also
from
1/ The petitioner was
Channi Himmat to HSS
No. DSEJ/GazlLect/15195-
petitioner has comPleted
t6/s/20L4.
the stay of more than two
2/.The petitioner is aggr
mentioned Govt. Orders.as
order, the petitioner is seeki
of the order No.
HSS/CH
of the above
years in the said school.
as relieving
quashment
5-A
dated
1^8/1O/201,4
3/
Hon'ble High Court has directed vide
dated 10/tU2014, that transfer
Order
relieving
a) qua the
order dated
t8/1o/20t4 supra shall not
given effect
order dated 16/9/2014
petitioner and
to and the petitioner shall
be deemed to
have been transferred f
GHSS Channi
Himmat Jammu.
SWP
No.
Jammu
Petitioner's working
Order No. 08-Edu of 2015 dt:-
surplus capacity
.s24/20ts
Shehnaz Mir
State & Ors.
V/s
Relieving order
No.
1627
dated
adjustment in
79/Ll2Ot5. Petitioner
GHS Boys Gass Mandi,
1/ The petitioner was tra
ed from MS
Mandi Distt. Poonch to Distt.
Jammu
retaining her lein and
prospectus
in her parent district and
adjusted in
Govt. HS Kheri.
of the above
2/.The petitioner is
as relieving
mentioned GoW. Order as
order by virtue of which the petitioner was
directed to report to HS Kheri
3. The petitioner is seeking
quashment of
the above mentioned order.
4/ In terms of Hori'ble
Court Order
dated 25/2/2015 the order
present petition shall not be
d upon and
the petitioner is continuing at her present
place of posting i.e, GH
Ghas Mandi,
Jammu.
is
not maintainable
legally
merit.
Brief
in
and
Rejected
SWP No.652l2015
Teacher
Abdul Rashid Naik
ishtwar
Seeking quashment
of
order
s/828-
32 dated 24-02-2015 DSEJ/
dt, 06-02-2015 and Chief Educati
V/s State & Ors.
The petitioner is claiming
adjustment on the basis of
Officer,
medical certif icate issued
Kishtwa r's No: CEO/K/2014-15.
by the district medical
board headed by CMO
Petitioner seeking adjustment
Kishtwar
UPS
Malipeth, Kishtwar.
Brief
1/ The Abdul Rashid Naik as a
was transferred and adi
zEo/K/Ls/828-32 dated 241
UPS Malipeth
to
plus (Tr.)
vide
L5 from
UpS Dharbadan.
2/ The petitioner is aggrieved of
mentioned order by virtue of
petitioner has been relieved and
report to UPS Dharbadan from
a00ve
ich the
ted to
post
where his salary was drawn,
3/ Petitioner is seeking quasn
of the
above mentioned impugned
and to
allow the petitioner to work at hi present
place of posting i.e,UpS Malipeth,
on
t5.1,L.2014.
Medical certificate certifies
that petitioner has been
found to have T2DM with
HTN with hypothyroidism
since 2OO5. With the
recommendation that he
requires strict adherence ro
medicines
and diet
As per transfer
policy of the
DePartment,
transfer can
effected
medical
grounds.
attachment
on
recommendation
Hence rejected.
as
seeking
medicar
continuous
is not
legally
permissible.
4/ln terms of Hon,ble High
dated 3B/2AI5 the petitioner is
at her present place of
posting i.e, UPS
Malipeth.
sWP Nos79/201s
Nafisa
Neelofer
V/s State & Ors.
eacher
Seeking inter-District transfer
Chandloora Tehsil:
GMS
Tangmarg
Distt.
Baramaulla to District Kishrwar.
Relieving order CEO/K/2074-7
dated 07/02/2015 & Order No.
t
Edu of
Brief
The petitioner was attached
Bagwan Mohalla Tehsil &Distt,
compassionate grounds by
n
GMS
Ki
CEO,
vide order dated 25/1,0/2014 after
approvalfrom Adm. Deptt. as well as DSEJ.
aoove
relieving order
by virtue of
petitioner has been relieved
Bagwan and directed
to
repon
original place of posting i.e, GMS
Teh: Tangmarg.
3/ Petitioner is seeking quashment of
above mentioned relieving
requesting for her transfer
/
the
adjus
Distt. Kishtwar on compassionate
4/ln terms of Hon,ble High
dated 26/2/2OtS the
Cou
continuing at her present place of
i.e, GMS Bagwan and further r
are directed
to her case
for
absorption in Jammu province under
or0er
ts
rs
merit.
-84
2015 dt:-15-01-2015.
7/
grounds
of the standing
medical board.
suppoft.
petitioner is
be
on
without
advised and require famiry
However
adjustment
no
Rejected
>1
.'
';o, 615i2015
==',a Kumari
--':: & Ors
V/s
i
Master , Jamrnu
'
Ord.t Nlt 18
DSEJ
& Government Order No' 08-
of
dt:-15-01-2015. Transferred to
Lamberi,
transfer on medical
grounds of self, sPouse
d in HS Old or
aI
Satwari vide order dated 252/ The petitioner is aggrievecl
No. 08 dated 15/1/2015
relieved from HS Old satwari
report to CEO, Jammu'
DSEJ
of
dated
22.L2.20t5 Provides that
Brief
order no. 18
2015
of
2015
Da ndesa r
Rejectecl
CoC. Order No. 622-Edu
of 2015 d -1.4-O2-20r5
2015
petitioner was adjusted
dePendent children'
the recommendations of
Govt. oroer
the
standing medical
board would be Pre-
she was
directed to
further vide
requisite. The Board shall
t:t4-02-20]-5
clearly record
in GHS Lamberi
severity
Dandsar Rajouri.
3/ Petitioner is seeking q
ment of the
above mentioned orders on
ical ground.
dated 2l3ll20r5 the
Court oroer
itioner
the
of disease and
the concessions required
to be granted.
No
medical certificate
attached with Petition or
ls
continuing in the CEO, office,
representation, claim
is
not legallY maintainable'
SWP
No. 44712015
Seeme
Kumari
Jammu
Order No. 08-Edu
of
Rejected
Govt. Ordet No. 622-Edu
2015 relieving order
of
No. GGHSS/B/M/241 dated
V/s State & Ors.
2015
dated
22.12.20t5 Provides that
transfer on medical
grounds of self, spouse
L/ The petitioner "Teacher
Pouni Distt. Reasi was
Bakshi Nagar, Jammu on
2/ The petitioner is aggr
mentioned Govt. order as
order by virtue of which
MS Laitter Zone
in
GGH55
grounds.
of the above
I
ll as relieving
petitioner was
directed to report to orglna place of Posting
i.e. GMS Laitter Zone Pouni
shment of the
above mentioned orders.
v
or
dePendent children,
the standing medical
board would
be
Pre-
clearly record
severity
of
the
disease and
the concessions requireo
to be granted.
igh Court oroer
dated 24l2l2o1s the
petitioner
continuing at her
place
i.e, GGHSS, Bakshi Nagar,
mmu..
of
is
No medical ceftificate
Posting
not legallY maintainable.
is
.lammu
r(
extension o{ the
District-Transfer on threat perce
lS."t *g
of
issued vide Govt. Order
No. 622-Edu of 2015
dated 22,t2'20L5 in
Brief
ed
Petitioner was tr
District. UdhamPur (GMS
1/ The
Majalta) to District Jammu
Baslc HSS Jammu) vide
.
(
14/12/2O1O on security
2l The
Petitioner
School
from
"clause
Central
made
has
a
/secretary
representation to
to
t.
Education
seeking
interdistrict
extension of the Period of
In terms of Hon'ble
dated
6/6l2lt2
Hi
of the CID wing and that
too, onlY for two Years.
Vide Communication dated
27.O8.2OLO a threat
case
percePtion certificate
Till then the
of the petitioner for
present status of the Petit
sucn
recommendations as
received from the Head
Court order
to the
Provides
after considering
the
directed to accord
-74"
that Posting on security
concerns shall be maoe
tra nsfe r.
3/
Rejected
Wfrereas, transfer Policy
inter-
has
been issued and addressed
may not be
to
distu rbed.
Comm. Secretary tX
recommendation
that
petitioner maY be Posted in
Jammu based school' Since
the said communication
has lost its validitY and case
needs fresh verification'
However, Continuous
attachment is legallY not
maintainable and same
devoid of merit.
S\\P No. I96/2OL5
An-r-adha Sharma
& 10 Ors. V/s
Jammu/
Samba
Order No. O8-Edu of 2015 dt'
different relleving orders of
Jammu/D.l.E.T, Samba/ & C
merit.
State & Ors.
Brief
tr
are
1/ Petitioners No' 1,2,4,5, ,7,9, &
S.l.E Jammu
Lecturers working in
and drawing
sanctioned
anY
without
strength ,
overall
from
their salarY
2015 dt.
of
08No.
vide Govt. Order
75lt/2015 have been
from the
re
Jammu vide order No.
20 I
7
I
2O!5and Petitio
ne
r
from D.l.E.T. Samba and
vide relieving order dated
by the PrinciPal
Govt'
Purani Mandi Jammu and d
to DSE, Jammu'
2l
In terms of Hon'ble
dated 28l1/2015 pet
at present
Place
D.l.E.T/S.l.E/CBHSS.
5.1'E
-3508 dated
.3&Srelieved
9/1/2015 issued
Basic HSS
ted to report
igh Court oroer
are continuing
posting
l,e.
is
Rejectecl
r
1".
relieving g order No.
datedgl2lzors.
Order No. 08-Edu of 2015 dt'
trto 500/2015
Vashist
:, State & Ors.
-nan
u2OLs&
merit.
Brief
1/
Petitioner Smt. Kanchan
(Master)
HSS Panthal (Reasi) was
adjusted in GHSS Nagrota,
vide order
dated 24181201-3.
2/ The petitioner
of the above
is
mentioned orders by virtue
which the
report to original place of
directed to
Panthal
a
i.e, G HSS
.
3/ The petitioner is seeking
the above mentioned orders..
4/
In terms of Hon'ble
dated 4/3ll2aI5
to
Court order
were directed
to
accord
the
representation aftel
. Until
is taken the
petitioner as it exists in terms
24l8l2OI3 shall not be
order dated
such
decision
SWP No.230/2015
V/s
Beena
State & Ors.
Koul
Master
Order No. 08-Edu of 2015
relieving
g order
No.
lshlzoLs &
-91 dated
2OlU2Ors.
merit.
a
Brief
1/ The
petitioner was tr
ferred
and
Education
adjusted in HSS Bhalara vide
Officerf, Doda vide order No. cEo/D13327376 dated 22lLO/2014
of the above
2l The petitioner is
which the
report to original place of
directed to
Bhaja.
i.e, G HS
.
3/ The petitioner
is
seeking
the above mentioned orders
that she has been
4/ln terms of Hon'ble
the grounds
pre-maturely
Court order
H
upon and
the petitioner is continuing at her present
place of posting i.e, HSS
and also
also be paid
directed that petitioner
Rejected
SWP No 612/2015
Diwakar
Sharma
V/s State & Ors.
Jammu
order No, 65
l3/2/20I5 & relieving
Transfer
2013 dt.
-Edu
Govt, Order No. 622-Edu
of
dated
19/2/201.s.
2015
dateo
22.t2.20t5 provides that
transfer on medical
or
Brief
1/ The petitioner was transferred
Boys Nawabad Jammu
to
HSS
Kishtwar vide order dated 13/2/20
mentioned orders by virtue of
petitioner was transferred
relieved from HSS Nawabad
directed
to
report
to
dependent children,
board would be pre-
Chatroo
clearly record
above
severity
as
well
Ja
u.
of
the
disease and
as
to be granted.
ano
princioal
attached with petition or
Chatroo.
qua
the above mentioned orders on
grounds of his mother and the
at the verge of retirement..
4/ In terms of
Hon,ble High
dated 2/3/2015 the order rm
present petition shall not be acted
is
not legally maintainable.
medical
order
in the
the petitioner is continuing at his present
SWP No. 466/2OLs
Avinash Lata &
anr.
V/s State &
Ors.
of posting i.e, GHSS Nawabao
Order No. 08-Edu of ZOfS Ot. f
2015 &
relieving g order No. HSS Gole
v37s16 dated 2o/2/2o75.
1/ The petitioner No. 1 Avinash Lata
Master
was transferred from GHS Gole
CEO / J
al and
in
HSS Gole Gui
vide
/26069-72 dated zg/ r)/2or3 nd the
petitioner No. 2nd Suman Bala
transferred from Chiryal Zone: T
Udhampur to HSS Gole GujaralJam
2/ The petitioners are aggrieved
above mentioned orders by virtue
the petitioners were
Distt.
which
relieved
\v
is
advised
issue
necessary orders
of
transfer policy
under
transfer policy of
the
Department.
Fufther claim of
in
Further petitioner Suman
Bala is claiming that she
petitioner has attained the
matured stay of two years
in Gole Gujral and have not
at all claim for continuation
in surplus capacity.
Hon,ble High Court
dated 24/2/3/2015 the order im
the present petition shall not be acted upon
and the petitioners are continuing
at their
GHSS
on
medical grounds
strictly
Master
Gole
is
rejected on pre-
mature
grounds
has been pre-maturely
otherwise
nsferred. However, attained
4/ In terms of
posting i.e,
Jammu purely
In
tra
Avinash Lata is
quashment of the above mentioned
on the medical grounds whereas
suman Bala has challenged the
order on the grounds that she has
transferred prematu rely.
of
suitable adjustment
vogue.
3/ The petitioner
present place
necessary approval may
accorded for their
be
medical grounds in terms
Gole GujaralJammu..
Gujaral, Jammu.
grounds having serious
DSEI
to
heart ailments. It is of Smt. Avinash
recommended that Lata, Master on
Brief
adjusted
Petitioner Avinash lata rs
claiming relief on medical
has
the stay
of two years.
SWP No 5t6/2ots
Rahat Nazir V/s
Master
Jammu
Order No. 08-Edu of ZOfS at.
,Order No. 18 DSEJ of 2015 dt. 1
State & Ors,
relieving order No.
t/2075
201s. &
merit.
HS/BH_2
dated
re/u2o1.s..
_
above
and directed to report to cHS
Distt. Reasi.
Pouni
K
the above mentioned orders on
the
that he has been transferred Dre
4/ In terms of Hon,ble
High
present petition shall not
Cou
be acted
order No. o8-Edu;mt d-relieving order No. GHSSK/20I5/4.57
Jammu
r39s/2oI5
Kuldeep
Raj
nt of
order
in the
i
the petitioner is continuing
at her
place of posting i.e, GHS
Bathindi
Master
was
dated
mentioned orders by virtue of
petitioner was relieved from
GHS
No.
master
deployed in GHS Bathindi vide
or
2/9/2073.
SWP No.382/2015
n and
Govt. Order wo. OZfOu
dated
V/s
State & Ors.
1/ Vide Director School Education
order No, DSEJ/ANG/M/Ig482_84
20/!7/2006 the petitioner
was
working
Y,.:l.r
z/
| ne petitioner
of
2015 dateo
22.12.2015 provides that
transfer on medical
gro
Brief
in a Govt. HSS Kh
is aggrieved of the
or
the
the
board
requisi
clearly
of which
petitioner was relieved from
GHSS
ions required
Akhnoor and directed
d.
Jammu.
to
Vide Hon,ble High Court order
dLted
till such time the ordef of
24/2/20t5,
consideration is passed, the
oroer
in the present petition in so
far
i
as the
pertain to the petitioner
shall not be
upon and the petitioner shall
be alloweil to
serye at his present place
of posting.
5/
In terms of Chief Education
Jammu's letter dated 27/5/2OtS,
petitioner Kuldeep Raj Master
in oursu
to the Hon,ble High Court order
da
24/2/2015 joinecl in the said
Institution
25/2/2015.
disease and
report to
3/ The petitiorrer is seeking quashme,frt
of
the above mentioned orders.
4/
Rejected
Brief
1/ The petitioner Mtr. Rahat Nazi
High School, Sohanjana Jan
SWP
I
Medica
by S
board
ssued
edical
.20t3
reveals that petitioner is
suffering from severe low
back pain among other
attments and advised him
from
physical
exeftion
long
lourney including hilly
terratn.
to abstain
$renuous
and
Since the opinion
does not
involve any life
rendered
consuming
disease,
continuous attachment/
deployment is not legally
maintainable
Rejected
Jammu
SWP No
33-
Tasleem
Bano
08-Edu of 2015 dt' 1 tl201s
14/ 2015.
,Order No. 18 DSEJ of 2015 dt'
Order
No
V/s State & Ors,
Govt" Orde, No. 622-Edu
of
f/ The Petitioner Mtr'
Banoo
T
master was transferred from GHSS
Mandi vide order dated
2/
Thereafter
22.t2.20t5 Provides that
transfer on medical
Brief
directed to report to
14
and
CEO, Jammu.
the
representation before
2015
Rejected
dated
or
dePendent children,
the
Petitioner made a
proper
for
DSEJ
adjustment keePing in view her
standing medical
board would be Prerequisite. The Board shall
clearly record the
severity
health condition and
order dated l4/2l2ot5 the
of disease and
to be granted.
posted at MS Nehari samba.
mentioned orders bY virtue of
petitioner was directed to
No
ich the
to M5
Nehari Samba.
4/ The petitioner is seeking qua
the above mentioned orders
medical ceftificate
representation, claim is
not legally maintainable'
medical
grounos.
4/ In terms of
order
Hon'ble High
daled 2412/2015 it is directed t
matter is considered, the
continuing at her Present
till
the
of posting
i.e, CEO Office, Jammu'
SWP No 51512075
Order No. 08-Edu of 2015 dt.
Rattana Devi &
relieving order
ari
r8/2/201s..
V/s State &
rlzors , &
7
No'
dated
merit.
Brief
1/ The petitioner No. 1
Ratta
Devi vide
Govt. order No. 580-Edu of
76/8/20L4 was transferred
Nawabad and adjusted in HSS
petitioner No. 2no Sunita
a
and the
Master
surplus attached in HSS Mut and was
adjusted in the same Institution
the above
2/ The petitioner is aggrieved
mentioned orders bY virtue of which the
S Muthi
petitioner were relieved from
and directed to report to
further duties.
CEO
Jammu for
the above mentioned orders,
4/ In terms of Hon'ble High
dated 25/2/2O15 the order
the petitioner are conti
present place of Posting.
upon and
at
their
Rejected
T,
iwp
t'lo, 735l2ots
Yasmeen
Jammu
o'der No- 622-Edu
no t g osEt ot zo15 dt' 14l
oroer-oer
2015
of
Rejected
dated
22.12.2015 Provides that
Kouser
ffansfer on medical
-ovt.
V/s State & ors.
1/ The
Petitioner
Mtr'
or
Kouser
Y
dePendent children,
board would be Pre-
under orders of adiustment was
ord
Govt. HSS Bahufort till further
2fthe Petitioner is aggrieved of
which the
mentioned Govt order bY virtue
oetitioner came to be Posted at
requisite' The Board shall
clearlY record the
Babtl Samba.
severitY
to be granted.
3/ The Petitioner is seeking
the above mentioned Gow'
on the
medical grounds of her son'
of Hon'ble High
dated 11/3/2015 the Petitioner
continuing at her Present Place
4/
of disease and
In terms
oroer
No
medical certiflcate
posting
i.e,GHSS, Bahufort, Jammu'
2015
dt.
swP No. 44412015
Aruna
titled
Jamwal. V/s
Continuout attachment
legallY not maintainable
merit.
State & Ors.
Brief
Aruna Jamwal Master vide Chief
No.
Education Officer, Jammu's Order
ll
l21t4
CEOIJI-4].888-89 dated
services was utilized
in
HS
her
RajPura
Mangotrian, Jammu.
2/ Vide order No' 18 DSEJ
of
I41212075. Aruna Jamwan
transferred and Posted at HS
Master
2015 dt'
was
Chora.
above
3/The Petitioner is aggrleved of the
which the
mentioned order bY virtue
petitioner came
to
at
be
HS Panya
Chowki Chora'.
Hon'ble
Court order
dated2412/2015 the pet
is continuing
4/ In terms of
at her
Present Place
Rajpura Mangotrian.
oT
is
Rejected
Master
::ied Ramesh
(umari V/s
ilom''nuoutattachmentis
@.1412120
dated
Order No. CEOI!145302-O5
the
of
transfer
of
to the extent
State & Ors.
merit.
Brief
at GHSS
1/ Petitioner was depoloyed
order
Nagar vide CEO, Jammu's
L7l2l20t4'
of the
of
came
Paper
to be transferred to High'
Brahamana Distt' Samba '
3/ In terms of
order
Hon'ble High
is
dated241212}15 the Petitioner
at her Present Place of
Posting
i.e,HSS
Shastri Nagar, Jammu'
6minroui.ttachment
swp ttto.zoslzoLs
titled
Kamlesh
Sharma
Kumari
merit'
V/s State & Ors'
Brief
1/ The Petitioner Kamlesh Ku
in
was transferred and adjusted
CamP RooP
Nagar
DSEJ/NG/M/25852-55 dated
vide Govt. order No'
08-Edu
:5ltll2oLs. She was
relieved
2015 dt'
by
the
RooP
Principal GHSS CamP
and directed to report
to
further duties and vide
DSE
Di
No'
Education, Jammu's order
Kamlesh
2015 dated 231212075
directed to report to CEO'
Schoot
-DSEJ
of
for further
adjustment.
2/ The Petitioner is seeking
the above mentioned
shment of
order and
Govt. order.
Court order
3/ In terms of Hon'ble High
dated 3}hl2}t5 the
continuing at her Present
of posting'
is
Rejected
@
39
SWP No.268l2015
Meenu
Sharma
Teach
Rajouri
er
V/s State & Ors.
Govt._Order No. 08-Edu of
ts/Uzols.
dt
201 5
Govt. Order No. 622-Edu
of
2015
Rejected
dated
transfer on medical
Brief
1/ The petitioner Meenu Sharm Teacher
was attached in MS Agrati on I\ edical as
well as security grounds.
2. The petitioner is aggrieved of he above
mentioned Govt.order by virtue of vhich she
was directed to report to origina place of
posting i.e GMS Kaki Kote.
3./ The petitioner is seeking quat lment of
the above mentioned
,rder
Govt.
on
or
dependent children,
board would be prerequisite. The Board shall
clearly record
the
of disease
and
severity
medicalgrounds.
to be granted.
4./ In terms of Hon'ble High Co rrt order
dated 6-02-2015 the petitioner is c )ntinuing
No
at her present place of posting i.e
45
Agrati
medical ceftificate
Rajouri and shall be paid her sararu.
is
40
(a)SWP
Tr
No.466/2016
Hanifa Zainab &
anr.
noJvu
I
uovr. uroer
115
UE-EdU
dt.
rs/t/20!s.
Department,
transfer can
V/s State &
Ors.
medical
Hanifa
Zainab
V/s State & Ors.
1/ The petitioner Hanifa Zainab ar I Mohd.
Hussain are aggrieved of the Govt.
08-Edu
(c)SWP
No.538/2015
Mohd.
Hussain
V/s State & Ors.
in
SWP No. 466/201,6
Hanifa Zainab &
anr.
Kab
of 201s dt. !s/t/2or'.
V/s Shaleen
ra & Ors.
C
rder No.
a
rd
were relieved from HSS Fatehour
vide order dated 22 h/20L5.
2/. fhe petitioner are
(d)Contempt SWp
No.t24/2076
effected
Brief
(b)swP
No.797/2075
As per transfer
policy of the
Rajouri
above mentioned Govt.order bv
r
of
the
rtue of
which they were relieved.
3./ The petitioners are seeking qu; snment
ofthe above mentioned Govt. order
4./ In terms of Hon'ble High
Cou
I
:ontempt petition.
oroer
SWP
filed
be
on
grounds
without
recommendation
of the
standing
medical board
which has not
been furnished
aggrieved
jated 1,4/3/2016 passed ir
\o.466/2015 the petitioners na\ :
x{v
both
no
the
case.
rejected.
in
Hence
t:!'
-
trr,
ri; r \o 464/2015
.-:: Shabina Mir
. -. State & Ors'
Rajouri
Govt.-Order
Lslrlzots.
Covt. OrOer
No
tlo'
622-Edu
2Ot5
of
Reiected
dated
22.t2.20!5 Provides that
transfer on medical
or
Mir Te
The Petitioner Shabina
Sschool
PrimarY
deploYed at Govt'
1/
board would be Pre-
medical
order dated :rg/gl2}t2 on
2l
.Ihe Petitioner is aggrieved of
virtue of
mentioned Govt'order bY
to
has been directed to report
olace of Posting i'e,
dePendent children'
ich she
original
clearlY record
severitY of disease
P5 Sanglali
the
and
3./ The Petitioners are seeking
Govt'
of the above mentioned
to be granted.
4./ ln terms of Hon'ble
dated 24lzl2ot5 the
High
continuing at their Presenr
i.e Govt' Primary School Jabri'
No
of posting
medical ceftificate
SWP
No 47312015
titled
Anjum
Yasmin
V/s State
Rajouri
2015 dt'
Govt.-Order
tsltl2ot5.
oroer No' 522-Edu
G-ovt.
of 2015 dated
22.L2.20L5 Provides that
transfer on medical
& Ors.
Brief
1/ The Petitioner Yasmin
was deployed at Govt' Pr
vide order dated
]-9121201'
or
School Jabri
on medical
board would be Pre-
of the above
clearlY record the
grou nds.
2l .
fhe Petitioner
is
mentioned Govt. order
bY
she has been directed to
original Place of Posting i'e
of
which
to
.
her
Primary
severitY
of disease and
School ChaPran Dar'
3./ The Petitioner rs
the above mentioned Govt'
dePendent children,
quashment of
to be granted'
No
medical ceftificate
4./ In terms of Hon'ble Hi
court oroer
dared 241212015 the Petitt
is continuing
at their Present Place of
Primary School Jabri
i.e
Govt.
not legally maintainable'
SWP No,
Zahida
959/20rs
Master
Govt._Order No. 08-Edu of zvLJ
Jammu
Parveen
t5/l/21t5
V/s State & Ors,
no.ZEO /p /
and
Relieving
nr7-36 dated
ot.
order
19-01_20
the petitioner was
transterred from MS
Parthial and adjusted in HS
Brij Nagar, Jammu.
Brief
1/ The petitioner was deployed at
Ramma, Jammu
Vide order No. 425 - DSEJ
of 2015 dated 3o/7 /20t5
vide
Channi
dated
22/70/201,3
2/. The petitioner is aggrieved of
above
mentioned Govt, order by virtue of which
she has been directed to repon to CEO,
Jammu for further duties..
3./ fhe petitioner is seeking qu
the above mentioned Govt. order.
4./ In terms of Hon,ble
High
dated 6/4/2015 the petitioner is
at her present place
i.e
of
HS
Channi Rama.
SWP No,
Uma
320/Z0ts
Gupta
V/s
Tr./
Govt._Order No. O8-Edu
Ls/r/20!s.
Rajouri
Master
State & Ors
of
- 2]01t dr
GoW, Order No. 622-Ec!u
dated
of
1/ The petitioner was attached irl ceHss
Rajouri on medical grounds.
2015
transfer on medical
of self, spouse
grounds
or
dependent children,
2/ The petitioner is seeking quashfnent of the standing medical
board would be prethe above mentioned Govt. order
dy virtue
of which the petitioner was detachbd from
her present place of posting and dirdcted
to
report to her original place of post
3/ In terms of Hon,ble High Cou/t order
dated 73/2/2075 the petitioner is
i.e, GBHSS Rajouri.
clearly record
severity
of disease
the
ano
to be granted.
not legally maintainable,
SWP No. 306/2015
Fozia
Bhat
State & Ors
V/s
Rajouri
Govt._Order No. 08-Edu otd
1,s/7/207s.
.
Brief
1/ The petitioner was attached
merit,
in
Same Samith Rajouri.
2/.The petitioner is aggrieved of the
mentioned Govt.order by virtue of
was detached from her present
posting and directed to report to her
place of posting i.e, HS Azmatabad.
3./ The petitioner is seekrng qu
is
;J l" t"tms of Hon'ble High
dated !1'l2l2jr5 the Pe'
continuing at their Present
i.e
PS
Place
Lower Same Samith Rajouri'
of
Govt.-Order No. 08-Edu
tslu2ors.
SWP No. 436120t5
Shabnam Parveen
15
dt.
oroer tlo. 622-Edu
ilovt.
2015
of
Rejected
dated
22.t2.20t5 Provides that
transfer on medical
V/s State & Ors
or
dePendent children,
the
standing medical
board would be Pre-
in
1/ The Petitioner was attached
No. 8 Rajouri on medical
2l
.fhe Petitioner
is aggrieved
mentioned GoW.order bY virtue
was detached from her Pre
posting and directed to report to
clearly record the
the above
which she
place of
severitY
and
to be granted.
original
place of Posting.
3./ The Petitioner is seeKlng
No
medical certificate
representation, claim ts
the above mentioned Govt'
4./ In terms of Hon'ble High
dated 24l2l2ot5 the
of disease
rt
order
of posting
continuing at their Present
i.e GMS Ward No' 8 Rajouri on medical
grounds.
SWP
No'
r2o8lZo15
Muzaffar
Lect.
(U
Rajouri
16l4l2ors
OrOer ttto. L59-Edu of 2015
oroer tlo' 622-Edu
ffiovt,
2015
of
dated
22.12.20L5 Provides that
rdu)
transfer on medical
Hussatn
V/s State & Ors
or
1/ The Petitioner was transfer
Kalakote
2/ .
from
GHSS
to Kargil District'
of the above
f he Petitioner is aggr
mentioned tra nsfer.order bY
the petitioner has been
Kargil without taking
in
of which
to Distt.
account his
quashment o{
on
medical
grounds.
Court order
4./ In terms of Hon'ble H
ls
petitioner
the
dated 24l4l2ot5
continuing at his Present
GHSS
Kalakote'
board would be Prerequisite' The Board shall
clearly record the
severitY
of disease and
to be granted.
No
medical condition.
3./ The Petitioner is seeki
the above mentioned
dePendent children,
of posting i.e
medical ceftificate
Rejected
SWP No. 297/20Ls
Ara
v/s State & ors
Rajouri
Tabassum
201s
dt.
not maintainable
legally
M?ster
merit.
1/ The petitioner
was
in
GHSS
Fatehpur, Rajouri.
2/. fhe petitioner is aggrieved of
mentioned Govt. order by virtue
the petitioner was
aoove
of
which
relieveo
Fatehpur, Rajouri. And directed to report to
GHS
Tralla and is seeking
of the
above mentioned order.
3./ In terms of Hon,ble High
dated 7O/2/20L5 the
continuing at her present place
i.e
SWP No.
549/21rs
Naseem
Akhter
is
Rajouri
order
posting
GHSS Fatehpur, Rajouri.
Govt._Order No.
Og{Ou
Masfer
5
dt,
V/s State & Ors
is
not maintainable
ano same is devoid of
legally
merit.
1/ The petitioner was attached in
No.
8
Ward
Rajouri.
aoove
mentioned Govt. Order by virtue
which
the petitioner was detached
Ward No. 8, Rajouri and directed
to her original place of posting.
GMS
repon
3./ The petitioner is seeking
dated 2S/2/ZOLS the
i.e GMS Ward No.8 Rajouri.
order
Order No. 169-Edu of 2015 dated
7220/2075 & cMA
No,
Shabir
4/207s
Gow. Order Nal6Z2-Edu
)r/2}ts
of
Hussain
22.t2.2015 provides that
V/s State & Ors
20tS
dated
transfer on medical
or
1/ The petitioner was transferred
Kishtwar to Kargil Distt. Ladakh
Order
No. 159-Edu of 2015 dated 16l
clearly record
2/.The petitioner is aggrieved of
ADOVE
mentioned Govt. Order by virtue
which
the petitioner was
transferred
DIET
Kishtwar to Distt. Kargil.
severity
the
of disease ano
the concessions requireo
to be granted.
Vide this office letter No
the above mentioned
dependent children,
board would be pre_
DSEJ/Legat/32804-05 dated
27/70/2015
Govt,
medical grounds.
to
CEO,
Kishtwar seeking detailed
dated Z7/4/2OLS the pe
report alongwith
order
by the
continuing at his present place
of
DIET, Kishtwar.
tne
medical certificate issued
Medical
Board,
Jammu regarding
the
of
the
medical ailment
petitioner.
No medical certificate
is
SWP No.
&
4s2/2}rs
cMA
No.545/2015
Sanjay
Master
order No. oe-eOu;f
2o1tE
,Order No. 18 DSEJ of 2015 dt.
/20!s
1
Brief
merit.
I/
The petitioner was attached
Chiryai Udhamour.
the
mentioned. orders by virtue of whi
petitioner was detached from
GHS
Udhampur and directed ro report
Plater Zone Majalta for further
duties.
3./ The petitioner is seeking qua
the above mentioned oroers .
4./ In terms of Hon,ble High Court
dated 24/2/2015 the petit
continuing at his present place of
GHS Chiryai Udhampur.
is
not maintainable
legally
Kumar
V/s State & Ors
Continuous attachmeni
GHS
SWP
No
order No.
499//2073 ritak
Raj & 19
Ors
o8{d;;f
2ors o_-ilslr
Contin
V/s
not maintainable
legally
Brief
state & ors
1/ The
uous .tt".rr r-Ent i,
merit.
petitioners are
aoove mentioned. Govt.
order by
which they were detached
fr(
present place of posting,
of
the
rtue of
their
3./ The petitioners are
seeking
ofthe above mentioned
Govt.
4./ tn terms of Hon,ble High
dated2/3//2015 the petitioner
swp No. L667roG
Harbans Kour V/s
State & Ors
at his present place of posting..
Jammu
order
is
order No. o8+duiT)o1s
d-i
Continuous
atGd;;;i-[
not maintainable
legally
Brief
merit.
U Vide DSB/GazlLect
./i.466t_83
9/9/2074 the petitioner
was transfe
adjusted in DtET, jammu.
2/. The petitioner is aggrreved
of the
mentioned. GoW. order
by virtue of
the petitioner was relieved
from
Jammu and directed to
report to
jammu.
the above mentioned
orders
dated
DIET
DSE
.
Court
dated n/7/2OlS the
oetFinn
of
swp No.
Sarishta
I1C';fG
Devi V/s
i.
Master
Jammu
e
DlETJammu.
order No. o8_Ed,
oi-1s
dfimoG
State & Ors
merit.
was
transferred
adjusted in DIET, jammu.
2/. The petitioner is aggrieved
of the
mentioned. Gow. order
by virtue of
the petitioner was relieved
Jammu.
from the
3,/
The petitioner is seeking
quashment
the above mentioned
oroers .
Court o
dated 28h/20I5 the petitioner
of posting
DlETJammu.
is
not maintainable
legally
Brief
7/ The petitioner
Continuous attictrmEnt
SWP No.
tn/fr
RajKumar&6Ors.
Jammu
order No. os_Edu omts
d-rlt
Contin
V/s State & Ors
Brief
V The petitioners were transferred
their respective lt r.sec^Schoors
to
Jammu.
2/ The petitioners are
aggrieved of t
f
uous
.tt".t
m=Eni-i,
lly not ma inta ina ble
lega
merit.
eovtloraer
by vi
l,o_?:: the ry::ed.
which
petitioners were
relieved
DIET Jammu.
{1"
petitioner
is
seeking qr
.t above
tne
mentioned orders .
j-.l,:
l:'f
of Hon,bte Hish court
dated 23/ 7/2015 the petiiioners ol
are
present prace of
sWP No. 224/iG
Renu Sharma V/s
i:T,Hlffitheir
Jammu
order No. os-Edu of
2o-G;r
Brief
r/ | ne-petitioner was relieved
vide
wo. os_iou of 2015
?J9,"1"y:oler
LJt ttzvlJ, rrom D|ETJammu
and d
to her original ptace of po
lyiE
State & Ors
::lT:t
HSS Pallan,
Continuous
G
att..f,mentl
legally
not maintainabte
merit.
Billawar.
Tle petitioner
is aggrieved of the
Gow. order by virtue
of
'?::d, is relieved
the petitioner
from the DIET
Jammu.
_2/
I:n
3./ The petitioner
is seeking quashmen
the above mentioned
orders .
4./ tn terms of Hon,ble
High Court orde
dated 30/I/2015 the petitioner
is
continuing at her present
ptace of
r.e D|ETJammu.
SWp No. 221./n1.5
Neelam Devi V/s
Jammu
order No. os-Edu of
2o--1s
State & Ors
d-rltttG
Brief
/_
The
-petitioner
was relieved
vide
order No. or_rJ,-"r'iJri
:Jg:::l
LlzvtJ , rrom DIET Jammu
LJt
uoui aElEEEii-l!
contin
merit.
and direr
ro report to her original place
of posting.
of the
mentioned. GoW. order
by virtue of
the petitioner is relieved
from the
Jammu.
Dl
quashment
the above mentioned
oroers .
4./ tn terms of Hon.,ble
High
clated
30/7/2075 the
Court
petitioner
continuing at her present
place of
i.e
D|ETJammu.
1.S'
Education Department

SCHOOL EDUCATION DEPARTMEN`II, SWP No

Transcription

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