Kashmir Impulse Desk

Srinagar, May 17 

The Central Administrative Tribunal (CAT) in Srinagar has directed authorities to consider representations filed by 25 lecturers challenging their transfer to Gurez from various districts of Kashmir, saying the pleas should be decided on merit within 10 days.

A bench headed by Judicial Member M S Latif passed the order while disposing of a petition filed by the lecturers against a May 8 transfer order issued by the School Education Department posting them to Gurez.

The lecturers argued that the transfers were arbitrary, violated the government’s transfer policy notified on April 24, 2023, and were issued without jurisdiction by the Director School Education Kashmir.

“The applicants shall move individual representations before the competent authority and the competent authority shall decide each representation, if filed, on its merits,” the tribunal said.

The tribunal said that if merit was found in any representation, the competent authority could modify the transfer order accordingly.

It also directed authorities to decide the representations within 10 days and said the lecturers could be retained at their present postings during that period, if deemed appropriate.

The petitioners said they belonged to the Sheena Tribe and were originally residents of Gurez who later migrated to districts including Bandipora, Budgam, Srinagar and Ganderbal because of border clashes, harsh weather conditions and the construction of a hydroelectric project.

They argued that many of them had already served in Gurez, categorised as a hard zone under the transfer policy, for substantial periods during their careers and were being transferred again solely because of their nativity.

The lecturers said the transfers were discriminatory, mid-term and not based on administrative necessity. 

They also cited personal hardships, including impending retirement, medical concerns and family circumstances.

One petitioner told the tribunal that his child suffered from 100 percent disability due to cerebral palsy.

The lecturers further argued that, as senior lecturers and gazetted officers, they could only be transferred by the Administrative Department or the government, and not by the Director School Education Kashmir.

Counsel for the petitioners, Advocate M Ashraf Wani, argued that the transfer order amounted to a “colourable exercise of power” and had been issued on a “pick and choose” basis.

The tribunal, however, observed that the transfer policy created only a legitimate expectation and was not enforceable as a vested right.

It said the transfer order did not prima facie appear vindictive or tainted by serious mala fides and noted that it had been issued after approval from the competent authority in the interest of administration.

At the same time, the tribunal said employee hardships, especially those involving disability or compelling family circumstances, warranted consideration.

The tribunal also observed that remote areas such as Gurez often faced shortages of subject-specific teachers because of difficult terrain and prolonged winter isolation, affecting students’ education.

“An employee should accept an order of transfer gladly except if it is dipped in mala fides or passed by an incompetent authority or against the statute,” the tribunal said.

The tribunal directed its registry to communicate the order to the Commissioner Secretary of the Education Department and the Director School Education Kashmir.