Central Administrative Tribunal - Srinagar
Mehraj Ud Din Sheikh vs Home Department on 15 December, 2025
[1] O.A. No. 1435 of 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1435 OF 2025
(Srinagar, 15th of December 2025)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Mehraj ud Din Sheikh, aged about 58 years, S/o Late Haji
Ghulam Nabi Sheikh, R/o Drugjan, Dalgate, Srinagar. Pin
Code: 190001
........... Applicant.
Digitally signed by ABHISHEK PUNIA
By Advocate:- Mr. M. Moomin Khan.
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a
2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e
b, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Versus
Date: 2025.12.15 15:02:49+05'30'
Foxit PDF Reader Version: 2025.2.0
1. Union Territory of Jammu and Kashmir through
Commissioner/Secretary to Government, Home
Department, Civil Secretariat Srinagar. Pin Code: 190001
Email: [email protected]
2. Director, Forensic Science Laboratory, Bikram Chowk,
Jammu & Kashmir. Pin Code: 180001 Email:
[email protected]
3. Deputy Director, (Assistant Professor, Government Degree
College, Uri, on Deputation), Forensic Science Laboratory,
Bemina, Srinagar Pin Code: 190018 Email: dd-
[email protected]
........... Respondents.
By Advocate:- Mr. Rais ud din Ganaie, DAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium [2] O.A. No. 1435 of 2025 of the instant O.A., the applicant has sought for the following reliefs:
a. Issue an appropriate order or direction quashing and setting aside the impugned transfer order no. 171 of 2025 dated 05-12- 2025, issued by the respondent no. 2, to the extent it transfers the applicant from Forensic Science Laboratory, Srinagar District Mobile Forensic Unit, Ganderbal.
b. Issue an appropriate order or direction directing the respondents allow the applicant to continue to work as Laboratory Assistant at FSL, Srinagar without any interference and notwithstanding the impugned transfer order.
c. Issue an appropriate order or direction directing the respondents, especially respondent no. 2, to consider the Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA representation in the form of legal notice dated 08-12- Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0 2025 made by the applicant before the respondent no. 2 expeditiously and till such time the representation is not considered, allow the applicant to continue to work as Laboratory Assistant at FSL, Srinagar without any interference and notwithstanding the impugned transfer order.
2. Alongside the main reliefs, the applicant has also sought for interim relief:
Till the final disposal of O.A, in view of the submissions made by the applicant, it is humbly prayed that the Hon'ble Tribunal may be pleased to stay the operation of the impugned transfer order no. 171 of 2025 dated 05-12-2025, issued by the respondent no. 2, to the extent it transfers the applicant from Forensic Science Laboratory, Srinagar to District Mobile Forensic Unit, Ganderbal with a further direction directing the respondents allow the applicant to continue to work as Laboratory Assistant at FSL, Srinagar without any interference and notwithstanding the impugned transfer order.
Any other order or direction which the Hon'ble Tribunal may deem fit and proper in the given facts and circumstances of the case be also passed in favour of the applicant and against the respondents. [3] O.A. No. 1435 of 2025
3. The facts of the case are that the applicant is presently working as Laboratory Assistant in the Forensic Science Laboratory, Srinagar, who has to superannuate within two years and he has been transferred from his present place of posting to the District Medical Forensic Unit, Ganderbal. The applicant has challenged the order impugned, as it relates to him on the grounds as have been mentioned in the O.A. It is stated that the wife of the applicant is suffering from brain tumor and is bedridden on account of treatment, as she had to undergo various surgeries and Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0 radiotherapy sessions. It is stated that the applicant himself is suffering from diabetes and also has lower back problems in the form of prolapse of multiple discs. At the same time, the applicant seeks indulgence on humanitarian grounds.
4. Admittedly, transfer is an exigency of service. No employee has a right to be posted at a place of his choice. It is always left to the competent authority to post an employee in the public and administrative interest. Courts have a very limited power to interfere in orders of transfer as the power to judicial review is very limited. Courts can interfere in orders of transfer only on limited grounds where the transfer orders are passed in violation [4] O.A. No. 1435 of 2025 to any statute or by an incompetent authority or are mala fide. In this regard, I am fortified by a catena of judgments:
1. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
2. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
3. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
4. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991 Supp (2) SCC 659;
5. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
6. Chief General Manager (Telecom) N.E. Telecom Circle and another vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
7. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC 270;Digitally signed by ABHISHEK PUNIA
8. Union of India and others vs. Ganesh Dass Singh, 1995 Supp.
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= (3) SCC 214;
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0
9. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC 169;
10. National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv Prakash, (2001) 8 SCC 574;
11. Public Services Tribunal Bar Association vs. State of U.P. and another, (2003) 4 SCC 104;
12. Union of India and others vs. Janardhan Debanath and another, (2004) 4 SCC 245;
13. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
14. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;
15. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and others, (2004) 12 SCC 299;
16. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;
17. Union of India and others vs. Muralidhara Menon and another, (2009) 9 SCC 304;
18. Rajendra Singh and others vs. State of Uttar Pradesh and others, (2009) 15 SCC 178 &
19. State of Haryana and others vs. Kashmir Singh and another, (2010) 13 SCC 306 &
20. Anita Sharma vs. State of J&K 2019 Legal Eagle 489 [5] O.A. No. 1435 of 2025
5. Learned counsel for the applicant submits that the applicant has already moved a representation before the competent authority- Director, Forensic Science Laboratory, J&K, Jammu/Srinagar, for consideration on humanitarian grounds. Needless to say that an employee before approaching the Court, is within his powers to move a detailed representation before the competent authority, and the competent authority, at the same time, is not powerless to consider the genuine case of the employee and pass appropriate orders, balancing the Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0 administrative and public interest along with individual interest.
The representation as filed by the applicant before the respondents dated 08.12.2025, is appended at Page 39, Annexure VI of the O.A. He submits that the same has not been disposed of as of now by the competent authority.
6. Prima facie what appears from the appended record with the O.A. is that the wife of the applicant is suffering from some disability, which is substantiated by the appended medical certificates. Since this Court is not an expert in assessing the disability or the required treatment or the disease, the applicant can very well project his case before the competent authority, and [6] O.A. No. 1435 of 2025 in case the competent authority feels that the applicant has a genuine problem in not joining at Ganderbal, which otherwise is not a far off place from his present place of posting, it may consider the same in accordance with law.
7. Mr. Rais ud din Ganaie, learned DAG appearing for the respondents while rebutting the arguments of learned counsel for the applicant submits that otherwise also transfer is an incident of service and the applicant cannot be given a choice to work at a place he chooses. He submits that the applicant has not thrown Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0 challenge to the order on either the jurisdiction or the order being mala fide or otherwise, as such submits that the instant O.A. be dismissed in limine.
8. Heard learned counsel for the parties.
9. At the request, the instant O.A. is taken up for disposal.
10. The O.A. is disposed of by directing that the respondents shall treat the instant O.A. as representation, who will consider and decide the same in accordance with law on its merits, balancing the public and administrative interest and, at the same time, the individual interest. The respondents shall pass a speaking order within a period of two weeks positively and for two weeks, [7] O.A. No. 1435 of 2025 the order impugned, as it relates to the applicant, shall not be given effect to. It is made clear that after two weeks, the order passed shall be ineffective in case the representation is not disposed of within two weeks.
11. Accordingly, O.A. No. 1435/2025 is disposed of along with all connected M.A.s, if any.
(M.S. Latif)
Digitally signed by ABHISHEK PUNIA
Member (Judl.)
ABHISHEK Abhishek Punia
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a 2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Court Master Reason: I am the author of this document Location:
Date: 2025.12.15 15:02:49+05'30' Foxit PDF Reader Version: 2025.2.0 15.12.2025