Central Administrative Tribunal - Jammu
Bharat Bhushan Sharma vs Home Department on 24 February, 2026
:: 1 :: O.A. No. 1975/2025
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1975/2025
Reserved on: - 18.02.2026
Pronounced on: - 24.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
BHARAT BHUSHAN SHARMA (Age: 48 Years),
S/o Late Sh. Om Prakash Sharma,
R/o H.No. 6, Ward No. 2, Bari Brahmana, Jammu,
At present Block-C Qtr. No. 9, Police Line,
Gandhi Nagar Jammu
Email- [email protected]
Pin Code:- 181133.
...Applicant
(By Advocate: - Ms. Deepika Pushkar Nath)
VERSUS
1. Union Territory of Jammu & Kashmir, Through Principal Secretary
to Government, Department of Home, Civil Secretariat, At present at
Jammu/Srinagar. [email protected] Contact : 0191-2544738 Pin
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.24 16:05:41+05'30'
:: 2 :: O.A. No. 1975/2025
Code:- 180001 (Ministry of Home Affairs)
2. Director General of Police,
Police Head Quarters Jammu / Srinagar.
Email- [email protected]
Contact: 01912430834
Pin Code:- 180001
(Ministry of Home Affairs).
3. Inspector General of Police, Jammu Zone, Jammu
Email- [email protected]
Contact: 0191-2542696
Pin Code:- 180001
(Ministry of Home Affairs)
4. Director General,
Prisons Department, J&K.
Email:- [email protected]
Contact: 0194-245168
Pin Code:180001
(Ministry of Home Affairs)
5. Inspector General of Police,
Security Jammu
Email- [email protected]
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.24 16:05:41+05'30'
:: 3 :: O.A. No. 1975/2025
Contact: 0194-2452134
Pin Code:
180004.
(Ministry of Home Affairs)
6. Commandant 7th Sec Battalion,
Head Quarters Channi Himmat Jammu.
Email- [email protected]
Contact: 0191-2465053
Pin Code: -180015
(Ministry of Home Affairs)
...Respondents.
(By Advocate: - Mr. Rajesh Thappa, AAG)
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.24 16:05:41+05'30'
:: 4 :: O.A. No. 1975/2025
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) The petitioner respectfully prays that this Government Order No. rejection order i.e. impugned Government Order No. 553-
Home of 2025 dated 20th November, 2025 passed by the non- applicant No.1 in the representation of the applicant and against the impugned order dated 15.04.2025 issued by non- applicant No. 1 pursuant to which the applicant was deputed to Prisons Department from JKAP-7th Battalion Security unmindful of the fact that the Govt. cannot enforce deputation of an employee without their explicit consent may kindly be quashed/set-aside in the interest of justice.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 5 :: O.A. No. 1975/2025
a) The applicant, a resident of the Union Territory of Jammu & Kashmir and a citizen of India, is presently serving in the Jammu & Kashmir Police Department. He entered service after qualifying the Jammu & Kashmir Administrative Services Examination (earlier KAS, now JKAS) on 04.04.2007, securing 21st rank overall. Since his first posting in the year 2008, the applicant has rendered about seventeen years of continuous and unblemished service in different capacities and sensitive assignments within the Police Department.
b) During his tenure, the applicant has served at Police Headquarters J&K, Armed Police, Counter Intelligence (CI), various District Sub-Divisions, Railway Police, Kupwara Battalion, Security 7th Battalion and in several militancy-
affected districts including Sopore, Pulwama, Shopian, Baramulla, Ganderbal, Anantnag and Doda. It is pleaded that throughout his service career, the applicant has received numerous certificates of appreciation and commendations from senior officers including Kamal Saini, IPS; J.P. Singh, IPS; HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 6 :: O.A. No. 1975/2025 S.D. Singh, IPS; Prabhat Singh, IPS; Basant Rath, IPS; Danish Rana, IPS; Atul Goel, IPS; S.M. Sahai, IPS; Dilbagh Singh, IPS; Anand Jain, IPS; Garib Dass, IPS and others. Copies of appreciation certificates have been placed on record.
c) While the applicant was serving in JKAP-7th Battalion (Security), Channi Himmat, Jammu, Government Order No. 200-Home of 2025 dated 15.04.2025 was issued by respondent No. 1 whereby the applicant was deputed to the Prisons Department, Jammu and Kashmir. According to the applicant, the said deputation was ordered without seeking or obtaining his explicit consent and in violation of the settled legal position that deputation cannot be enforced upon an employee without his consent. Aggrieved thereof, the applicant submitted representations before the competent authorities objecting to the deputation order and seeking its withdrawal.
d) As no action was taken on his representations, the applicant approached this Tribunal by filing O.A. No. 485/2025 titled Bharat Bushan Sharma Vs. UT of J&K & Ors., challenging HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 7 :: O.A. No. 1975/2025 Government Order No. 200-Home of 2025 dated 15.04.2025. Vide order dated 23.04.2025, this Tribunal kept the operation of the aforesaid Government Order in abeyance and disposed of the O.A. with a direction to the respondents to consider the representation of the applicant in light of the judgment dated 12.04.2024 passed by the Srinagar Bench of this Tribunal in O.A. No. 195/2024 titled Khurshid Ahmad Khan Vs. UT of J&K and to communicate the decision within the stipulated period.
e) Despite the directions of this Tribunal, the respondents allegedly failed to take a decision in accordance with law. It is further pleaded that during this period the security provided to the applicant was withdrawn and his salary was withheld, resulting in financial hardship. On account of non-compliance of the order dated 23.04.2025, the applicant was constrained to initiate contempt proceedings on 11.07.2025. Notices were issued in the contempt petition and the respondents were directed to file compliance reports. Even thereafter, the matter HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 8 :: O.A. No. 1975/2025 was adjourned from time to time and further directions were issued on 13.08.2025, 12.09.2025 and 15.10.2025 directing respondent No. 1 to decide the representation of the applicant within specified time, failing which personal appearance was ordered.
f) Subsequently, after the Tribunal adopted coercive measures, respondent No. 1 passed Government Order No. 553-Home of 2025 dated 20.11.2025, whereby the representation of the applicant was rejected and the earlier deputation order dated 15.04.2025 was upheld. The applicant contends that the rejection order has been passed without proper application of mind, without considering the legal position governing deputation and in disregard of the directions issued by this Tribunal.
g) Aggrieved by (i) Government Order No. 200-Home of 2025 dated 15.04.2025 deputing him to the Prisons Department without his consent, and (ii) Government Order No. 553-Home of 2025 dated 20.11.2025 rejecting his representation pursuant HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 9 :: O.A. No. 1975/2025 to the directions of this Tribunal, the applicant has filed the present Original Application seeking quashment of the aforesaid orders and consequential reliefs.
h) It is in the above factual background that the present Original Application has been instituted.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) At the outset, it is submitted that the present O.A. is misconceived, devoid of merit and not maintainable in law or on facts. No fundamental, constitutional or statutory right of the applicant has been infringed. The applicant has approached this Hon'ble Tribunal suppressing material facts and is attempting to re-agitate issues which already stood considered and decided in earlier proceedings.
b) It is submitted that the applicant, Shri Bharat Bhushan Sharma, SP, had earlier filed O.A. No. 485/2025 before this Hon'ble Tribunal challenging Government Order No. 200-Home of HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 10 :: O.A. No. 1975/2025 2025 dated 15.04.2025 whereby he was deputed from JKAP-7th Battalion (Security) to the Prisons Department. The said O.A. was disposed of by this Hon'ble Tribunal vide order dated 23.04.2025 with a direction to the respondents to treat the O.A. as a representation of the applicant and to consider his case in light of the judgment dated 12.04.2024 passed by the Srinagar Bench of this Hon'ble Tribunal in O.A. No. 195/2024 titled Khurshid Ahmad Khan vs UT of J&K. The operation of the impugned order dated 15.04.2025 was kept in abeyance till such consideration.
c) In compliance with the directions of this Hon'ble Tribunal, the matter was examined in detail at the departmental level. The background of the case reveals that the Director General of Prisons, J&K, Jammu, vide communication dated 03.02.2025, forwarded a representation of Shri Khalid Amin, SP, JKPS, who was on deputation to the Prisons Department and posted as Superintendent, District Jail Poonch, seeking his repatriation to his parent department i.e., J&K Police, on the ground that he had completed two years on deputation. The DG Prisons further HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 11 :: O.A. No. 1975/2025 requested that a suitable substitute be provided in case the officer was considered for repatriation.
d) The matter was examined in the Home Department and vide communication dated 28.02.2025, the DGP, J&K was requested to furnish comments and indicate availability of a suitable substitute. Thereafter, PHQ vide communication dated 02.04.2025 conveyed no objection to the repatriation of Shri Khalid Amin to his parent department and nominated the applicant, Shri Bharat Bhushan Sharma, SP, DYCO JKAP-7th Battalion (Security), as substitute in his place.
e) After obtaining approval of the competent authority, Government Order No. 200-Home of 2025 dated 15.04.2025 was issued deputing the applicant to the Prisons Department. The deputation was thus made in administrative exigency, after due process and upon nomination by the Police Headquarters.
f) While considering the representation of the applicant pursuant to the directions of this Hon'ble Tribunal, the case was referred to the General Administration Department, which vide U.O. dated 22.09.2025 advised the department to seek opinion of the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 12 :: O.A. No. 1975/2025 Finance Department and the Department of Law, Justice & Parliamentary Affairs. Accordingly, the matter was examined by the Finance Department, which vide U.O. dated 09.10.2025 clarified that deputation of officers is governed by Article 52-C of the Jammu & Kashmir Civil Service Regulations, 1956 and the standard terms and conditions envisaged in Schedule XVIII. It was specifically advised that there is no provision mandating prior consent of the employee before being deputed to another department.
g) The matter was also examined by the Department of Law, Justice & Parliamentary Affairs, which vide U.O. dated 19.11.2025 concurred with the legal position clarified by the Finance Department and further advised that the case be examined in light of the order dated 23.04.2025 passed by this Hon'ble Tribunal.
h) Upon comprehensive reconsideration, and in strict compliance of the directions of this Hon'ble Tribunal, Government Order No. 553-Home of 2025 dated 20.11.2025 was issued whereby the claim of the applicant was found devoid of merit and HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 13 :: O.A. No. 1975/2025 rejected for reasons recorded therein. Subsequently, the contempt petition filed by the applicant came to be closed by this Hon'ble Tribunal vide order dated 12.12.2025, thereby acknowledging compliance of the directions.
i) It is further submitted that the reliance placed by the applicant upon the judgment in O.A. No. 195/2024 (Khurshid Ahmad Khan case) is misconceived. In that case, the officer had been deputed outside the Union Territory of J&K to the Union Territory of Ladakh. The General Administration Department guidelines dated 01.12.2022 pertain to deputation outside the UT of J&K. In the present case, the applicant has been deputed within the same Union Territory, namely from Police Department to Prisons Department within J&K. Hence, there is no parity between the two cases.
j) It is emphatically denied that the deputation of the applicant required his prior consent. The governing provision, namely Article 52-C of the Jammu & Kashmir Civil Service Regulations, 1956 read with Schedule XVIII, does not mandate obtaining prior consent for deputation to another department HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 14 :: O.A. No. 1975/2025 within the same UT. The action of the respondents is thus strictly in accordance with statutory provisions and administrative requirements.
k) The allegation that the deputation order was passed without application of mind or with malice is baseless and denied. The deputation was necessitated on account of repatriation of another officer and was carried out following proper administrative procedure, consultation and approval of competent authority. The rejection of the representation was made after obtaining considered opinions from the General Administration Department, Finance Department and Department of Law, Justice & Parliamentary Affairs.
l) The averments regarding withdrawal of security, withholding of salary and alleged harassment are denied as misconceived and irrelevant to the validity of the deputation order. The applicant cannot claim a vested right to continue in a particular post or department. It is settled law that transfer or deputation is an incidence of service and lies within the domain of the employer, HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 15 :: O.A. No. 1975/2025 unless shown to be vitiated by mala fides or statutory violation, which is not the case here.
m) In view of the above submissions, it is respectfully submitted that the impugned Government Orders dated 15.04.2025 and 20.11.2025 have been issued in accordance with law, after due consideration and in compliance of the directions of this Hon'ble Tribunal. The present O.A. is an attempt to reopen a matter already considered and decided, and deserves dismissal.
n) It is, therefore, prayed that the Original Application be dismissed as being devoid of merit and not maintainable, with costs.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The applicant has filed this Original Application challenging Government Order No. 200-Home of 2025 dated 15.04.2025 by which he was deputed from JKAP-7th Battalion (Security) to the Prisons Department, J&K, and Government Order No. 553-Home of 2025 HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 16 :: O.A. No. 1975/2025 dated 20.11.2025 by which his representation was rejected after reconsideration as directed earlier by this Tribunal.
6. The main ground taken by the applicant is that he could not have been sent on deputation without his consent and that the rejection of his representation is illegal. After hearing learned counsel for both sides and perusing the record, this Tribunal finds no merit in the present case.
7. First, it is important to note that there is no reduction in the rank of the applicant. There is no reduction in his salary, allowances or seniority. His service conditions remain the same. The deputation is within the same Union Territory of Jammu & Kashmir. Both the Police Department and the Prisons Department function under the Home Department of the UT of J&K. Therefore, this is not a case where the applicant has been sent outside the Union Territory or outside the administrative control of the same department.
8. It is also on record that there is no separate permanent cadre exclusively belonging to the Jail Department in the manner projected by the applicant. Officers from the Police and allied services are HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 17 :: O.A. No. 1975/2025 regularly deputed to the Prisons Department as part of administrative arrangement. The applicant is not the first officer who has been deputed in this manner. Such deputations have been made earlier as well. Therefore, the present deputation cannot be treated as something unusual or discriminatory.
9. The matter was examined by the competent authorities. The Finance Department and the Department of Law, Justice & Parliamentary Affairs gave their opinion that deputation is governed by Article 52-C of the Jammu & Kashmir Civil Service Regulations, 1956 and the standard terms mentioned in Schedule XVIII. As per these provisions, there is no requirement of prior consent of the employee before deputation to another department. The applicant has not shown any rule to the contrary. In absence of such rule, this Tribunal cannot add a condition which the law itself does not provide.
10. The applicant has relied upon the judgment in O.A. No. 195/2024 (Khurshid Ahmad Khan case). 7. On perusal of the record file pertaining to the Khursheed Ahmad Khan case it reveals that in O.A 195/2024 titled Khursheed Ahmad Khan vs UT, the applicant was HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 18 :: O.A. No. 1975/2025 aggrieved of G.O dated 15.02.2024 in terms of which, he was deputed to Ladakh on deputation for a period of two years.
11. In the instant case, the applicant has been deputed to the Prisons Department within the UT of J&K, while as, the applicant in O.A 195/2024 was deputed to the UT of Ladakh. Further, GAD has issued guidelines for deputation of employees of the UT of J&K to UT of Ladakah in terms of Government Order dated 01.12.2022. However, these guidelines pertain to the deputation outside the UT of J&K, as such there is no parity between the applicant and applicant in O.A 195/2024. That case is clearly different. In that matter, the officer had been deputed from the UT of J&K to the UT of Ladakh, that is, outside the Union Territory. In the present case, the applicant has been deputed within the same UT of J&K and under the same Home Department. Therefore, the facts are not similar and the applicant cannot claim automatic parity.
12. The deputation of employees is governed in terms of Article 52-C of the Jammu & Kashmir Civil Services Regulations, 1956. The standard terms and conditions for such deputation are envisaged in HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 19 :: O.A. No. 1975/2025 Schedule XVIII, and as per these terms and conditions, there is no mention of obtaining of the prior consent of employee before being deputed to other Department. Besides, in the case of applicant, the deputation pertains to a posting within the same UT of J & K, whereas the case of Khurshid Ahmad Khan involved a deputation to a different UT (Ladakh). For the ready reference, Article 52-C of the Jammu & Kashmir Civil Services Regulations, 1956 is quoted as below:-
"52-C. All deputation cases involving deputation of Government servants to non-Government Organisations, including Corporations, Companies, Autonomous Bodies etc. within or outside, the State or to Central Government or other State Governments shall be decided by the concerned Administrative Department on the standard terms and conditions of deputation contained in Schedule XVIII. Any relaxation of the said terms will require prior consultation of the General Department and the Finance Department."
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 20 :: O.A. No. 1975/2025
13. Further, the case was referred to General Administration Department who vide UO. dated 22.09.2025, returned the case file with the following advise to the Department:
"Returned. The department is advised to seek the opinion of Finance Department as well as Department of Law, Justice and Parliamentary Affairs in the matter"
14. The case was taken up with Finance Department who vide U.O. dated 09.10.2025 returned the case file with the following advice to the Department:
"Returned. The department is advised that the deputation of officer is governed in terms of Article 52-C of the Jammu & Kashmir Civil Service Regulations, 1956. The standard terms and conditions for such deputation are envisaged in Schedule XVIII, and as per these terms and conditions, there is no mention of obtaining of the prior consent of employee before being deputed to other Department."
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 21 :: O.A. No. 1975/2025
15. The case was also taken up with Department of Law, Justice and Parliamentary Affairs who vide U.O. dated 19.11.2025 returned the case file with the following advice to the Department:
"Returned: The legal position regarding obtaining of consent for deputation from the employee has already been clarified by the Finance Department which is hereby concurred. However the case is required to be examined and considered in light of the orders of Hon'ble CAT. The department is accordingly advised to examine and consider the claim of the applicant strictly in terms of the order dated 23.04.2025 passed by the Hon'ble Central Administrative Tribunal and pass appropriate orders in the matter."
16. In compliance with the aforesaid directions and after obtaining the advice of the General Administration Department, Finance Department, and the Department of Law, Justice & Parliamentary Affairs, the case of the applicant was duly reconsidered in due deference to the order dated 23.04.2025 passed by this, Jammu Bench in O.A. No. 485/2025 (Bharat Bhushan Sharma v. UT of J&K HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 22 :: O.A. No. 1975/2025 &Ors.). Consequently, vide Government Order No. 553-Home of 2025 dated 20.11.2025, the claim of the applicant was found to be devoid of merit and was accordingly rejected for the reasons recorded therein.
17. The record also shows that the deputation was made due to administrative need. An officer in the Prisons Department had completed his deputation period and sought repatriation. Police Headquarters conveyed no objection and nominated the present applicant as substitute. After approval by the competent authority, the order dated 15.04.2025 was issued. Thus, the decision was taken after proper administrative process. It cannot be said that the order was arbitrary or without application of mind.
18. The applicant had earlier filed O.A. No. 485/2025. This Tribunal directed the respondents to treat that O.A. as a representation and to reconsider the case in light of the earlier judgment. The department complied with that direction. The matter was referred to the General Administration Department, Finance Department and Law Department. After examining the issue in detail, the competent HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 23 :: O.A. No. 1975/2025 authority passed Government Order No. 553-Home of 2025 dated 20.11.2025 rejecting the claim of the applicant with reasons recorded. The contempt petition filed thereafter was also closed. This shows that the directions of this Tribunal were complied with and the matter was duly reconsidered.
19. There is no material on record to show any malafide intention. No specific officer has been named against whom malafides are alleged. There is also no punishment involved. The applicant's rank, pay and seniority remain unchanged. Therefore, the deputation cannot be treated as punitive. Courts and Tribunals normally do not interfere in matters of transfer or deputation unless there is clear violation of a statutory rule or proven malafides. In the present case, neither has been established. Administrative authorities must be given reasonable freedom to manage postings in the interest of public administration.
20. The law is well settled that transfer and deputation are incidents of service. A government employee does not have a legal right to insist that he must serve only in a particular department or at a particular place, unless there is a specific rule protecting such right. The HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30' :: 24 :: O.A. No. 1975/2025 applicant has not been able to show any statutory rule which says that his consent is compulsory before sending him on deputation within the same Union Territory and under the same Home Department.
21. For all these reasons, this Tribunal holds that the impugned Government Order No. 200-Home of 2025 dated 15.04.2025 and Government Order No. 553-Home of 2025 dated 20.11.2025 are legal and valid. The applicant has failed to show violation of any rule or right.
22. Accordingly, the Original Application is dismissed. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.24 16:05:41+05'30'