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| DB directs govt to transfer only physically fit employees to Ladakh | | HC dismisses GAD’s petition against CAT order staying transfer of ACR Doda | | ASIF IQBAL NAIK
EARLY TIMES REPORT
JAMMU, May 18: The Division bench of High Court of Jammu & Kashmir has dismissed a petition wherein the General Administration Department (GAD) had requested for setting aside the order dated 10.03.2021 passed by the Central Administration Tribunal (CAT), Jammu Bench.
The CAT had passed the order in O.A./946/2020 titled “Kaiser Ahmad Bhawani vs. Commissioner/Secretary to Govt. GAD, Jammu/Srinagar” filed by the Officer, against his transfer order dated 27.10.2020, whereby the GAD was directed to hold the Medical Board for examining the applicant and also to review the medical reports of his family members and then arrive at a decision regarding his representation.
The Court heard learned counsel for the parties and perused the impugned order dated 10.03.2021. The court is of the opinion that authority should not hesitate to constitute a Medical Board to examine the health condition of the officers/officials who have been posted at Ladakh which is a hard Station in terms of climate conditions, where only a physically fit person can be posted. The Court observed that the State authority even otherwise is responsible and duty bound to post an officer/official to such a hard station who is physically fit. The judges further said that they are not inclined to interfere into the order dated 10.03.2021 passed by the Central Administrative Tribunal, Jammu Bench. “The State authorities are responsible and duty bound to post an officer/official to Ladakh who is physically fit and can sustain a hard climate,” observed J&K High Court and accordingly, the writ petition filed by the GAD in the case was dismissed along with connected CMs. |
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