CAT Orders Reinstatement of Repatriated JBT Teacher
The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Education Department to allow JBT teacher Garima to resume duties at Government Model High School, Kishangarh, where she was posted before her repatriation to Punjab on June 16, 2026. The Tribunal granted interim relief, noting a prima facie case in her favor.
Background of the Case
The petitioner, Garima, challenged the Education Department's order dated June 16, 2026, which repatriated her to her parent state of Punjab with immediate effect. The department cited unauthorised absence from duty, specifically ex-India leave from February 7, 2026, to February 12, 2026, without approval from the competent authority.
Petitioner's Arguments
Appearing for the petitioner, counsel submitted that Garima joined the Chandigarh Administration on deputation as a JBT teacher on August 23, 2023. On January 15, 2026, she applied for ex-India leave to visit Vali, Indonesia, from February 7 to 12. The application was forwarded by the Principal of Government Model High School, Kishangarh, to the District Education Officer on January 16. According to a Department of Personnel and Training letter dated July 27, 2015, applications for ex-India leave must be decided within 21 days. If no decision is communicated within that period, the employee shall be free to assume that permission has been granted. Since the competent authority neither accepted nor rejected her application, Garima informed the principal before proceeding on leave on February 6, 2026. She resumed duty on February 13, submitted her joining report, and was allowed to rejoin without objection.
Repatriation Order and Legal Challenge
However, on June 16, the Education Department ordered her repatriation to Punjab, citing unauthorised absence. In compliance, the school principal relieved her with effect from June 23. The petitioner's counsel argued that no show-cause notice was issued before the repatriation order. Additionally, Garima had been appointed as an enumerator for the House Listing and House Census, 2027. Counsel referred to a communication from the Union Home Secretary to Chief Secretaries of all States and Union Territories directing that Census functionaries appointed for the 2027 Census should not be transferred till March 31, 2027.
CAT's Interim Order
After hearing the matter, CAT Member (J) Suresh Kumar Batra observed that a prima facie case for interim relief had been made out. The Tribunal directed the respondents to allow Garima to join duties at Government Model High School, Kishangarh, Chandigarh. The department has been ordered to file a reply within three weeks, with the matter listed for further hearing on August 3, 2026.
