CAT asks authorities to consider pleas of lecturers transferred to Gurez

Srinagar, May 18: The Central Administrative Tribunal (CAT) Srinagar has asked the competent authority to consider representations of 25 lecturers who challenged their transfer to Gurez from various districts of Kashmir, observing that their pleas be decided on merits within 10 days.

A bench of Judicial Member, M S Latif, passed the order while disposing of a plea filed by the aggrieved lecturers who had challenged the School Education Department’s order dated May 8, 2026, through which they were transferred and posted to Gurez as lecturers.

The transfer, they said, were arbitrary, violative of the government’s transfer policy notified on April 24, 2023, and 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.

Moreover, if the competent authority finds merit in any representation, it may modify the transfer order accordingly, the tribunal said.

It also directed that the representations be decided positively within 10 days and said the authorities may retain the applicants at their present places of posting during this period, if deemed appropriate.

The applicants submitted that they belong to the Sheena Tribe and are originally residents of Gurez who had migrated and settled in districts including Bandipora, Budgam, Srinagar and Ganderbal due to border clashes, harsh climatic conditions and construction of the National Hydroelectric Project.

They argued that despite already serving in Gurez, categorised as a hard zone under the transfer policy, for substantial periods during their careers, they were again transferred there solely on the basis of their nativity.

The lecturers contended that the transfers were discriminatory, mid-term in nature and not based on administrative exigency.

They also maintained that several applicants were nearing retirement, while some had serious family and medical concerns, including one lecturer whose child suffers from 100 percent disability due to cerebral palsy.

The petitioners 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 applicants, Advocate M Ashraf Wani, argued that the impugned order was a “colourable exercise of power” and had been issued on a “pick and choose” basis.

The tribunal observed that the transfer policy only creates a legitimate expectation and is not enforceable as a vested right.

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

At the same time, the tribunal said hardships faced by employees, particularly in cases involving disability or compelling family circumstances, deserved consideration by the competent authority.