CAT directs J&K Govt to decide doctor’s plea against Gurez posting within three weeks

11/07/2026

SRINAGAR, Jul 10: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Jammu and Kashmir Government to consider and decide within three weeks the representation of a pediatrician challenging his transfer to Community Health Centre (CHC), Gurez, while observing that authorities should adopt a humane and compassionate approach in balancing administrative requirements with genuine family responsibilities.
The order was passed by Member (Judicial) M.S. Latif while disposing of an Original Application filed by Dr. Wasim Qadir, who had challenged Government Order No. 534-JK(HME) of 2026 dated July 7, 2026, by which he was transferred and posted at CHC Gurez in Bandipora district. The petitioner was represented by Advocates Syed Sajad Geelani and Faizan Rashid Khan, while the respondents were represented by Syed Musaib, Deputy Advocate General (DAG).
The applicant submitted that his wife has been diagnosed with bipolar affective disorder and requires constant family support, while his young daughter is undergoing treatment for serious health issues. He sought either quashing of the transfer order or consideration of his posting at a nearby place on medical grounds.
The Tribunal observed that courts have limited powers to interfere in transfer matters and reiterated that transfer is an incident of service, ordinarily falling within the exclusive domain of the competent authority.
"Courts are not experts in the field of medicine... But at the same time, this Court has no reason to disbelieve the illness projected by the applicant coupled with the certificate of illness issued by the Medical Superintendent, Government Psychiatric Diseases Hospital, Srinagar," the Tribunal observed.
The Tribunal further noted that healthcare services are equally essential in remote areas such as Gurez and emphasized that specialized pediatric services cannot be denied to people living in far-flung regions.
At the same time, Member (Judicial) M.S. Latif observed that genuine family hardships deserve due consideration by the authorities. Referring to recent Supreme Court decisions highlighting the importance of preserving family life under Article 21 of the Constitution, the Tribunal said there has to be a balance between administrative requirements and family responsibilities.
Disposing of the petition, the Tribunal directed the authorities to decide the applicant's pending representation within three weeks from July 13, 2026.
"I would like to direct the competent authority to have a humane and compassionate approach, and ensure that a balance is struck between the administrative requirements and the family responsibilities of the applicant, and to uphold the human dignity," the Tribunal said while making it clear that the representation shall be decided within the stipulated period.

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