Govt Employees Retiring Within 6 Months Shall Be Posted Near Residence: CAT Jammu Stays Transfer, Emphasises State Govt Order
The Jammu bench of the Central Administrative Tribunal (CAT) has given an interim stay to the transfer orders of the Zonal Educational Officer and allowed him to work at the present place of posting at ZEO Inderwal.
A bench of R.M. Johri and Rajinder Singh Dogra, passed the above orders after noting that transfer policy of the employees which was added by virtue of the government order provided that the employee(s) attaining the age of superannuation within six months, shall preferably be posted nearby his/her residence as far as practicable and the employee in the age group of 58 years and above shall not be posted in Zone-IV and V as far as practicable.
The counsel for the Applicant submitted that the said order is passed in violations of the rules and illegal without taking into the account that the said ZEO was merely five months away from his retirement.
The counsel submitted that the employee who was on the verge of his retirement was transferred to Madwa which is not only outside the residence but is also a hard zone. He also added that the said order is passed without the application of mind.
The counsel for the respondents accepted the notice on behalf of the respondents and the tribunal directed the respondents to file the necessary response by the next date of hearing.
The Jammu & Kashmir Government had issued a order dated 6.03.2025 regarding the transfer and posting of Zonal Education Officers (ZEOs) and their equivalents across various districts. The order was passed by the commissioner secretary school education Jammu. The directive sought to streamline administrative efficiency within the School Education Department.
APPEARANCE:
Nazimuddin Qazi Adv for Petitioner
Sudesh Magotra, D.A.G.for Respondent
Case-Title: Shahnawaz Sheikh Vs School Education Department, 2025