Kashmir Impulse Desk

Srinagar, May 26

The Central Administrative Tribunal (CAT) on Tuesday directed authorities to consider a teacher’s transfer plea from Baramulla to Srinagar on humanitarian grounds, citing her pregnancy and health condition.

In its order, a bench headed by Judicial Member M S Latif asked the authorities to assess the case with a humanitarian approach and take an appropriate decision within three weeks.

The teacher, a resident of Peer Bagh in Srinagar, had approached the tribunal seeking intervention in her transfer from Baramulla to Srinagar or a posting closer to her residence in Budgam on medical and humanitarian grounds.

She argued that her current posting in Baramulla required long and strenuous daily travel, which, according to medical advice, could adversely affect both her health and that of her unborn child.

At the outset of the order, the tribunal observed that “the most cherished desire of a woman is to be a mother,” while taking note of her plea.

The tribunal directed the authorities to treat the petition filed by the teacher as a representation and decide the matter while keeping in view her pregnancy and health condition.

“The respondents, while deciding the case of the applicant, shall assess with a humanitarian view and pass an appropriate order with due dispatch, preferably within a period of three weeks from the date a certified copy of this order is served upon the respondents,” the order said.

The teacher had also cited Article 21 of the Constitution relating to the protection of life and personal liberty, contending that preservation of family life forms part of the fundamental right, while relying on a Supreme Court judgment.

While disposing of the matter, the tribunal further observed that the authorities may consider deploying her at a place nearer to her residence in view of her health condition until a final decision is taken on her transfer request.