CAT stays switch order from J&Okay to Ladakh UT: Directs to look at applicant by Medical Board

Jammu, March 15: In a case called EMPEROR AHMAD BHAWANI -V / S- COMMISSIONAR v SECRETRY TO GOVT. GA DEPTT. after hearing a bank of HON’BLE MR. RAKESH SAGAR JAIN MEMBER (J) & HON’BLE MR. ANAND MATHUR MEMBER (A)ordered as: –

1. The applicant, Emperor Ahmad Bhawani, contested the transfer order dated October 27, 2020, according to which he was transferred and his services were made available to the Union Territory of Ladakh on a deputation basis because he has serious medical complaints and his family members including his son and mother have serious medical problems Problems and therefore the contested order can be set aside.

2. Vide order dated 02/26/2021, the contested order 10/27/2020, 02/10/2021 and 02/11/2021 were suspended and the parties were instructed to present arguments the next day, i.e. 03/04/2021.

3. An experienced lawyer for the applicant requested that the applicant be unable to carry out the referral order at all due to serious medical complaints from himself, his son and mother and relied on Clause C (4) (III) of the transfer policy of Government employees in accordance with Government Ordinance No. 861-GAD of 2010 of July 28, 2010, which stipulates that a government employee who holds a position can be transferred before the end of the minimum period if the transfer is requested Health reasons supported by medical certificates issued by properly constituted medical bodies.

An experienced lawyer for the applicant has asked this tribunal to instruct those questioned to hold a medical panel to assess his health. After the medical panel has made its decision favorable to the applicant or not, a decision may ultimately be made by the government as to whether or not the applicant should join his new posting location.

4. After hearing mutually learned advice, we instruct respondents to hold the Medical Board to review the applicant, review the medical reports of their family members, and then make a decision on their representation.

This exercise can be completed within four weeks from today. In the meantime, the preliminary injunction will be continued from 02.26.2021 until the next hearing at the bank.

5. On April 9, 2021, put a file for the final arguments