Jammu & Kashmir High Court - Srinagar Bench
Ut Of J&K And Ors vs Bilal Ahmad Ganai on 14 May, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
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
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"
