JUDGMENT : 1. Writ petition has been filed with the averments that the petitioner, who was working as Laboratory Assistant, was promoted as Teacher but on account of Paralytic attack suffered by him, the petitioner requested for being reverted from the post of Teacher and being re-adjusted as Laboratory Assistant by taking into account his health condition on account of which he was not able to perform the duties of a Teacher i.e. Annexure-B. At that point of time i.e., 06.11.2007, the petitioner was posted as Teacher in Govt. Girls Primary School, Ward No.3, Samba and, separate District of Samba had not been carved out. Subsequently, Chief Education Officer, Jammu recommended the request of the petitioner (Annexure-B at page 16 of the paper book) for reversion from the post of Teacher to the post of Laboratory Assistant keeping in view the health condition of the petitioner and his inability to discharge the duties of a Teacher. 2. On acceptance of the request of the petitioner, vide (Annexure-C) dated 03.12.2007, the petitioner who was posted as Teacher in Government Girls Primary School, Ward No.3, Samba was directed to report to the Principal, GHSS, Mubarkmandi, Jammu on compassionate Grounds till further orders and thereafter, vide order (Annexure-D) dated 03.03.2016, the petitioner was deployed in the office of Additional Advocate General, J&K High Court Jammu for pursuing the Court matters/dak runner to ensure proper monitoring and continuity of Court work. Copy of the same was endorsed by the Director School Education, Jammu to Chief Education Officer, Samba/ZEO concerned in order to allow the petitioner to continue to work in the office of the Additional Advocate General, J&K High Court Jammu till further orders. However, vide order (Annexure-E) dated 04.08.2017, the petitioner has been shifted from GPS Ward No.3, Samba to MS Daghore (Zone Vijaypur). Learned counsel contends that the order does not reflect application of mind, inasmuch as, the petitioner has been deployed in the office of the Additional Advocate General, J&K High Court Jammu but the Chief Education Officer, Samba in derogation of the order of the Additional Secretary, School Education Department as also the order of the Director School Education, Jammu transferred the petitioner to MS Daghore (Zone Vijaypur) by recording that the petitioner is working at GPS Ward No.3, Samba i.e the position of the year 2007. 3. 3. Learned counsel contends that the aforementioned order is absolutely arbitrary and illegal, more so on account of the fact that the petitioner was specially deployed in the office of the office of the Additional Advocate General, J&K High Court Jammu taking into account all aspects of the matter including health condition as also the fact that the petitioner has only a short time left for retirement. Even as on date, the petitioner is left with less than two years to retirement. 4. Notice of motion. On the asking of Court, Mr. Manuj Mahajan, learned GA, accepts notice on behalf of the respondents and waives his right to file reply and has argued on the basis of record available in the writ petition. He has tried to defend the order but has not been able to give any explanation as to how the Chief Education Officer, Samba has transferred the petitioner despite the fact that the Additional Secretary, School Education Department as well as Director School Education, Jammu had deployed the petitioner in the office of the Additional Advocate General, J&K High Court Jammu after taking into account his medical condition as also the fact that only short time is left for his retirement. 5. Learned counsel for the respondents has also not been able to explain the non-application of mind by the Chief Education Officer, Samba while passing the impugned order, inasmuch as, instead of reflecting the petitioner as deployed in the office of the Additional Advocate General, J&K High Court Jammu, he has been shown to be working in GPS Ward No.3, Samba i.e the position of the year 2007 and has consequently been posted to MS Daghore (Zone Vijaypur) and, that too, without taking into account the medical condition of the petitioner as also the fact that less than two years remains for his retirement. 6. 6. Having considered all aspects of the matter, I am of the considered view that once the Additional Secretary, School Education Department had after considering the medical condition of the petitioner on account of his having paralytic attack and not being able to discharge his duties as Teacher had ordered the deployment of the petitioner in the office of the Additional Advocate General, J&K High Court Jammu for pursuing the Court work/to work as dak runner and order had been also endorsed by the Director School Education Jammu to the Chief Education Officer, Samba/ZEO concerned, then in the absence of any change in the circumstances, it was not open to the Chief Education Officer, Samba to have passed the order dated 04.08.2017. 7. Learned counsel for the respondents states that apparently the order has been passed by the Chief Education Officer, Samba without being away of the factual background of the matter. 8. In view of the position as noted above, impugned order (Annexure-E) dated 04.08.2017 qua the petitioner is quashed. However, it would be open to the Additional Secretary, School Education Department to take a fresh decision in the matter if the circumstances of the case so warrant in case of change in the medical condition of the petitioner. Writ petition along with connected MP allowed in aforementioned terms.