The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Education Department to allow a JBT teacher to join duties at Government Model High School, Kishangarh, where she was posted before her repatriation to Punjab on June 16, 2026.
The Tribunal has also directed the department to file a reply within three weeks while listing the matter for further hearing on August 3, 2026.
The petitioner, Garima, had approached the Tribunal with the prayer to quash the order dated June 16, 2026 of the Education Department whereby she has been ordered to be repatriated to her parent state of Punjab with immediate effect on the account of alleged unauthorised absence from duty (ex-India leave from February 7, 2026 to February 12, 2026 without approval of competent authority).
Appearing for the petitioner, counsel submitted that Garima had 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.
The counsel argued that as per a letter of the Department of Personnel and Training 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, the counsel submitted.
However, on June 16, the Education Department ordered her repatriation to Punjab, citing unauthorised absence from duty. In compliance with the order, the school principal relieved her with effect from June 23.
The petitioner’s counsel further argued that no show-cause notice was issued before passing the repatriation order. Counsel also pointed out that Garima has been appointed as an enumerator for the House Listing and House Census, 2027.
The counsel referred to a communication issued by 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.
After hearing the matter, CAT Member (J) Suresh Kumar Batra observed that a prima facie case of interim relief has been made out and directed the respondents to allow Garima to join duties at Government Model High School, Kishangarh, Chandigarh.
