Serial No. 29 Regular Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 557/2024 UT of J&K and Ors. ….. Appellant/petitioner(s) Through: - Mr. Hakim Aman Ali, Dy. AG V/s Bilal Ahmad Ganai ….. Respondent(s) Through: - Mr. M. Y. Bhat, Sr. Advocate with Mr. R. A. Bhat, Advocate CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE (ORDER) 14.05.2025 Impugned in this petition filed by the UT of Jammu and Kashmir and two others is an order and Judgment dated 28.11.2023, passed by the Central Administrative Tribunal, Srinagar Bench (the Tribunal) in OA No. 857/2023 whereby, the Tribunal has allowed the application of the respondent and set aside the transfer order dated 18th October, 2023, passed by the petitioners in respect of the respondent. On this petition coming up for consideration before this Court on 22.03.2024, this Court while issuing notice to the respondent by way of an interim order also stayed the impugned Judgment passed by the Tribunal dated 28.11.2023 subject to objections from other side. It is contended by learned counsel for the respondent that pursuant to order dated 22.03.2024, staying the impugned Judgment passed by the Tribunal, the respondent joined his services at Government Boys Higher Secondary School, Dawar Gurez on 22.03.2024. Learned counsel further contended that the normal tenure of one year has already been completed by the respondent and is now due to be transferred to some other place. Learned counsel further contended that the respondent has not been paid salary for the months of November, December, 2023 Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document and February, March, 2024, during which he had been performing his duties in the Government Girls Higher Secondary School, Kothibagh, Srinagar. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that this petition has, by the efflux of time and subsequent developments, rendered infructuous. The order of transfer, which was challenged by respondent before the Tribunal has been consummated and the respondent has joined the Government Boys Higher Secondary School, Dawer Gurez, to which he was transferred in terms of the impugned order. He has also completed the tenure of one year. In that view of the matter, nothing is required to be adjudicated upon in this petition. Consequently, this petition is disposed of by providing that in case the respondent has completed his tenure, i.e, one year in Gurez (a hard station), as is contended by Mr. M. Y. Bhat, learned senior counsel for the respondent, the petitioners shall ensure that he is considered for transfer from Gurez to some other place as and when the general transfers in the department of School Education are affected in respect of Lecturers/Senior Lectures. We further provide that in case the respondent has performed his duties in the erstwhile school, i.e, Government Girls Higher Secondary School, Kothibagh Srinagar for the months November, December, 2023 and February, March, 2024, excluding the period of vacations, if any, his case shall be considered and his salary for the aforesaid period shall be released within a period of four weeks from the date copy of this order is served upon petitioners. Disposed of along with connected CM(s). (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 14.05.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document