SARABPREET KOUR v. UT OF J AND K TH COMMISSIONER SECRERTARY TO GOVT EDUCATION DEPTT AND OTHERS
WP(C)/3073/2025 · 2025-11-06
Shahzad Azeem, Sindhu Sharma
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 13671 (JK) · dailylaw.ai ]
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Judgment text
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Sr. No. 54 43
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 3073/2025
Sarabpreet Kour W/o Narinder Pal Singh Behal, R/o Ward no. 7, Nowshera, District Rajouri.
….Petitioner/Appellant(s)
Through:- Mrs. Surinder Kour, Sr. Advocate with Ms. Manpreet Kour, Advocate V/s
1.Union Territory of J&K, Through Commissioner Secretary to Government, Education Department, Government of J&K, Civil Secretariat, Jammu/Srinagar
2. Director School Education, Muthi Jammu
3. Chief Education Officer, Rajouri
4. Zonal Education Officer, Nowshera, District Rajouri
5. Head Master, Government Girls Middle School, Nowshera, District Rajouri
….Respondent(s)
Through:- Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
1. The petitioner has filed this petition seeking quashing of the order dated 30.10.2025 passed by the learned Central Administrative Tribunal, Jammu Bench (for short
“the Tribunal”), whereby the interim prayer sought by the petitioner in her original application was declined. The matter pertains to the transfer of the petitioner.
2. The factual background, in brief, is that vide order dated 18.08.2025, the petitioner was transferred from Government High School, Bhajnowa to Government Middle School,
WP(C) 3073 of 2023
Nowshera. She was relieved from her previous place of posting and submitted her joining report to the Zonal Education Officer, Nowshera, on 19.08.2025, thereby joining in compliance with transfer order No. CEOR/NG/14946-52 dated
18.08.2025.
3. While the petitioner was performing her duties at Government Middle School, Nowshera, the respondents, vide subsequent order No. CEOR/NG/22074-78 dated 18.10.2025, transferred and readjusted her to High School Nonial, Zone Nowshera, on an available vacant post of teacher.
4.
Learned counsel for the petitioner contends that the Tribunal, while rejecting the interim prayer, has not assigned any cogent reasons in its order. It is argued that the order merely records the submission of the learned AAG that the impugned transfer was made in the interest of administration and academics, being a partial modification of the earlier order dated 18.08.2025, and that the petitioner was declared surplus. It is submitted that such observations are contrary to the transfer order itself, which contains no reference to the petitioner being surplus. Hence, it is contended that the Tribunal has failed to appreciate the record while passing the impugned order.
5. We have considered the submissions made and perused the material placed on record.
6. The impugned order of the Tribunal merely refuses to grant an interim relief in a petition challenging order dated
WP(C) 3073 of 2023
18.10.2025 vide which in the interest of administration and academics the petitioner was readjusted in HS Nonial in the same zone on the available post. The Tribunal while considering the fact that petitioner stood relieved from GMS Nowshera refused to grant interim relief. It is well-settled that interlocutory orders, declining or granting interim relief, are not to be interfered with by this Court under Article 226 of the Constitution of India, unless such refusal suffers from perversity or results in manifest injustice. The Tribunal has yet to decide the original application on its merits, and therefore, this Court would not be justified in exercising its writ jurisdiction at this stage.
7. In view of the above settled position, we find no ground to interfere with the impugned order dated 30.10.2025 passed by the learned Tribunal. However, since the matter pertains to transfer, which affects the service conditions of the petitioner, we direct the learned Tribunal to dispose of the original application expeditiously, and in any case within three months from the date of production of a copy of this order.
8. The writ petition is, accordingly, disposed of.
9. It is made clear that we have not expressed any opinion on the merits of the case, and all questions are left open to be adjudicated by the learned Tribunal.
(Shahzad Azeem) (Sindhu Sharma) Judge Judge
Jammu:
06.11.2025 Bir
WP(C) 3073 of 2023
BIR BAHADUR SINGH 2025.11.10 16:27 I am the author of this document