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2025 DAILYLAW 2102 (JK)

BISHWA NATH v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT JAMMU AND OTHERS

WP(C)/361/2025 · 2025-02-18

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: WP(C) No. 361/2025 Bishwa Nath Age 55 Years S/O Lt. Surju Sh. Bant Singh R/O Parand Tehsil Moungri District Udhampur PIN:- 182101 .....Petitioner(s) Through :- Mr. K. Nirmal Kotwal, Advocate. v/s 1. Union Territory of Jammu and Kashmir through Commissioner/Secretary Education Department J&K Govt. Civil Secretariat Jammu/Srinagar Pin:- 180001 2. Director School Education Jammu Muthi Camp Jammu Pin:- 181205 3. Chief Education Officer, Udhampur Tehsil & District Udhampur Pin:- 182101 4. Principal Government Higher Secondary School Damnote District Udhampur Pin:- 182125 .....Respondent(s) Through :- Mr. Pawan Dev Singh, Dy. AG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER 18.02.2025 1. The present writ petition has been filed against Order dated 04.02.2025 passed in O.A. No. 86 of 2025 whereby the learned Central Sr. No. 16 2 WP(C) No. 361/2025 Administrative Tribunal (CAT), Jammu Bench (hereinafter called, “Tribunal”) while issuing the notice has directed to maintain the status- quo qua, the position of the applicant as on date, if not relieved. The learned Tribunal has already fixed the next date on 06.03.2025 in O.A. for filing the response by the other side. 2. We, therefore, without expressing any opinion on the merits of the case, dispose of the present writ petition by directing the respondents herein to file the reply within a week’s time before the Tribunal with liberty to for the petitioner to lay a motion, if any, before the Tribunal, seeking modification of the order dated 04.02.2025. 3. Since, the issue involved in the case is with regard to the transfer, therefore, we direct the Registry of the learned Central Administrative Tribunal (CAT), Jammu Bench, to pre-pone the date and list the O.A. No. 86/2025 on 28.02.2025. On that day, we request the learned Tribunal to consider the O.A. as well as application, if any, laid as a motion, by the applicant, seeking modification of the impugned order. 4. A copy of this order be provided to Mr. Pawan Dev Singh, learned Dy. AG appearing for the respondents by the Registrar Judicial, Jammu. 5. The writ petition is accordingly, disposed of. (M A CHOWDHARY) (TASHI RABSTAN) JUDGE CHIEF JUSTICE JAMMU 18.02.2025 SUNIL