SHAHNAZ BHATTI v. UT OF J AND K TH COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT JAMMU AND OTHERS
WP(C)/408/2025 · 2025-02-21
Atul Sreedharan, Rajesh Sekhri
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2177 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2177 (JK) · dailylaw.ai ]
Judgment text
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Sr. No.21 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 408/2025 CM No. 896/2025
Dr. Shahnaz Bhatti, Age 45 years D/o Late. Dr. Bashir Ahmed Bhatti, W/o Sajid Qayoom, R/o H.No.175 Mohalla Kamakhana, District Poonch.
…Petitioner(s)/Appellant(s) Through: Ms. Surinder Kour, Sr. Advocate with Ms. Manpreet Kour, Advocate.
V/s
01. Union Territory of J&K, Through Commissioner Secretary to Government Health & Medical Education Department, Civil Secretariat, Jammu-180001.
02. Director, Health Service, Jammu.
03. Medical Superintendent District Hospital, Poonch.
04. Dr. Shikha Sharma, W/o Sachin Tandon, R/o Ward No. 7, Poonch.
…. Respondent(s) Through: Mr. Raman Sharma, AAG.
CORAM: HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER(ORAL) 21.02.2025
(Atul Sreedharan-J)
01. The present petition has been filed by the petitioner who is aggrieved by an interim order dated 12.02.2025 passed by the Central Administrative Tribunal (CAT) which has passed the order in favour of respondent No. 4- Dr. Shikha Sharma, who had challenged her transfer from Poonch to Surankote on several grounds.
02. The Central Administrative Tribunal after elaborately considering the
submissions placed before it has passed a speaking order by which it was held that there was a strong prima facie case made out by respondent No. 4 herein and
interim relief till the next date of hearing was granted. The said case is now listed before the CAT on 25.03.2025.
03. Learned senior counsel for the petitioner submits that the petitioner is adversely affected by the interim order as she was transferred from Surankote to Poonch and she has already given her joining on 06.02.2025 before the order was passed by the CAT.
04. This Court is of the opinion that the interim order can be modified by the same Tribunal which has passed the interim order, and therefore, the petitioner is given liberty of filing an appropriate application before CAT for redressal of her grievance caused to her by passing of the interim order. If such an application is filed, the CAT is humbly requested to deal with the same within two weeks, if possible.
05. Petition stands ‘disposed of’.
(RAJESH SEKHRI) (ATUL SREEDHARAN)
JUDGE JUDGE Jammu 21.02.2025 Renu
Renu Bala 2025.02.24 17:10 I attest to the accuracy and integrity of this document