Central Administrative Tribunal - Srinagar
Bilal Ahmad Bhat vs Housing & Urban Development Department on 17 November, 2025
[1] O.A. No. 1337 of 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1337 OF 2025
(Srinagar, 17th of November 2025)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Bilal Ahmad Bhat, Aged 42 years S/o Abdul Rashid Bhat R/o
Solina Balla Srinagar Pin Code: 190009.
............ Applicant.
By Advocate:- Mr. Murfad Naseem.
Versus
1. Union Territory of Jammu and Kashmir through the
Commissioner/Secretary to Government, Housing & Urban
Development Department, Civil Secretariat,
Jammu/Srinagar. Pin Code: 180001/190001
2. Chief Engineer, Urban Environment Engineering
Department, Main Office, Suliman Shopping Complex,
Srinagar, Pin Code: 190001
3. Superintending Engineer JK UEED Circle 2nd Srinagar,
Suliman Complex, Dal Gate, Srinagar, Pin Code: 190001
........... Respondents.
By Advocate:- Mr. Rais ud din Ganaie, DAG.
ORDER
(Oral) Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' Foxit PDF Reader Version: 2025.2.0 Per Hon'ble Mr. M. S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant has sought for the following [2] O.A. No. 1337 of 2025 reliefs:
a. By issuance of appropriate order or direction quash and set aside the impugned transfer order No. CE/UEED/2865- 73 dated 31.10.2025 issued by Respondent No. 2.
b. By issuance of appropriate order or direction direct the respondents to allow the applicant to continue at his present place of posting.
c. By issuance of appropriate order or direction direct the respondents to consider and decide the applicant's representation in accordance with law. d. Such order or direction which this Hon'ble Tribunal may deem fit and proper in the given facts and circumstances of the case.
2. The facts of the case are that the applicant is aggrieved of an order issued by the Chief Engineer, J&K U.E.E. Department dated 31.10.2025 wherein in compliance with the General Administration Department's order, the applicant has been ordered to join the Jammu Office and report in Camp Office Jammu on 03.11.2025 (Monday) for further duties in winter session. The applicant herein- Mr. Bilal Rashid, has been ordered to move to Jammu only after handing over charges of the Accounts section and the stores to the concerned officials in all respects and shall look after only court cases at Jammu. Digitally signed by ABHISHEK PUNIA
3. Learned counsel for the applicant, Mr. Murfad Naseem, has ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document assailed the order impugned on various grounds as have been Location:
Date: 2025.11.18 16:23:38+05'30' Foxit PDF Reader Version: 2025.2.0 urged in the O.A. He submits that the order impugned has not [3] O.A. No. 1337 of 2025 been passed in the administrative or public interest and is a frequent and unscheduled transfer, as in the last couple of months; the applicant was shifted four times. Therefore, he submits that no administrative or public interest is sought to be achieved by passing such an order.
4. Shorn of details in the O.A., the learned counsel for the applicant herein submits that in terms of a Govt. Circular dated 20.06.2022, a Govt. employee shall ordinarily have a minimum tenure of two years and a maximum tenure of three years at a place of posting which the respondents have held in breach in the instant case.
5. Mr. Rais ud din Ganaie, learned DAG representing the respondents submits that perusal of the order impugned reveals that the applicant has been sent to Jammu in pursuit of a Darbar move and under the orders of General Administration Department, and it is not a permanent posting for the applicant to work at Jammu. He submits that when the Camp Office Jammu Digitally signed by ABHISHEK PUNIA returns after the completion of Darbar move, the applicant himself ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' will have to join back at his place of posting. Foxit PDF Reader Version: 2025.2.0
6. Admittedly, it is not left for the employee to seek a posting [4] O.A. No. 1337 of 2025 of his choice. It is always left to the employer to place an employee in the administrative and public interest and Courts have very limited power to interfere in the matters of transfer. On very limited grounds, the Courts can interfere in transfers which are already stated i.e. where an order of transfer is mala fide, the same is passed by an incompetent authority or not for the professed purpose or is against the statute. It is always the case that when an employee has accepted an employment, he has no right to be posted at a place of his choice. To this effect, we are fortified by a catena of judgments in cases:
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;Digitally signed by ABHISHEK PUNIA
ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER=
7. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' Foxit PDF Reader Version: 2025.2.0 270;
8. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3) [5] O.A. No. 1337 of 2025 SCC 214;
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;
Digitally signed by ABHISHEK PUNIA
20. Anita Sharma vs. State of J&K 2019 Legal Eagle 489; ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30'
21. Smt. Deepika Kurrey v. State of Chhattisgarh 2025 Legal Eagle Foxit PDF Reader Version: 2025.2.0 CHH HC 721;
[6] O.A. No. 1337 of 2025
22. Sultan Singh Sahu v. State of Rajasthan & Ors. 2025 Legal Eagle Rajasthan HC &
23. M.P. State Agricultural Marketing Board & Ors. v. State of M.P. & Ors. 2025 Legal Eagle MP 675 DB.
7. Learned counsel for the applicant submits that even otherwise the State being a welfare employer for all Govt. servants, should ordinarily not disturb the employees, coupled with the fact when they have legitimate expectation that they will complete their tenure as is reflected in the circular.
8. Admittedly, the State is a welfare employer for all Govt. Servants, but at the same time, it is equally the bounden duty of the competent authority to see that the administration works completely in the public and administrative interest and for that reason, the competent authority is not powerless to transfer an employee, however, reasons are required, if an employee is to be prematurely transferred that would mean a frequent or unscheduled transfer.
9. Learned counsel for the respondents, Mr. Rais ud din Digitally signed by ABHISHEK PUNIA ABHISHEK Ganaie, DAG, while vehemently rebutting the arguments of DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' Foxit PDF Reader Version: 2025.2.0 learned counsel for the applicant submits that the order impugned [7] O.A. No. 1337 of 2025 is not an order of transfer and the reasons are very well recorded in the order. At the same time, learned counsel for the applicant submits that undoubtedly, the administrative reasons give a right to the employer to transfer any employee but at the same time, the State was supposed to look into the grievances, to which he submits that the applicant has already filed a detailed representation before the competent authority seeking consideration.
10. The competent authority is not powerless to consider genuine and fit cases and to modify orders where the competent authority feels that intervention is required. What reveals from the order impugned is that the applicant has to hand over all the charges of the Accounts section and the stores and handing over of account and stores particularly in an Engineering Department may take some time as, such departments have huge account and huge stores to account for.
11. Heard learned counsel for the parties. Digitally signed by ABHISHEK PUNIA 12. Accordingly, at the request of learned counsel for the ABHISHEK DN: C=IN, O=PERSONAL, OID.2.5.4.65= 6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' applicant, the O.A. is taken up for its disposal at the threshold. Foxit PDF Reader Version: 2025.2.0
13. The O.A. is disposed of by providing that the respondents [8] O.A. No. 1337 of 2025 shall allow the applicant two weeks' time to hand over the entire record of the Accounts section and the stores, in all respects, to the concerned officials. The applicant after availing two weeks shall report at Jammu for further duties in compliance with the order passed by the Chief Engineer. However, it is made clear that since the applicant had to join at Jammu on 03.11.2025 (Monday) and today it is 17.11.2025 as such, the applicant has already availed two weeks. However, the two weeks further time shall be in addition to the time, the applicant has already availed and the respondents are also at liberty to consider and dispose of the representation filed by the applicant on its merits and in accordance with law by passing a speaking order.
14. Accordingly, O.A. No. 1337/2025 is disposed of along with all connected M.A.s, if any.
15. No order as to costs.
(Prasant Kumar) (M.S. Latif)
Member (Admn.) Member (Judl.)
Abhishek Punia
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=PERSONAL, OID.2.5.4.65=
6478dc952a5b46baadf437e5f3c38c92, Phone= 3631d232def7f4a6257c1fe117a0cc46770e3e13ab033db6233ce ca8a5871025, PostalCode=110040, S=Delhi, SERIALNUMBER= Court Master b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd978 98ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.11.18 16:23:38+05'30' Foxit PDF Reader Version: 2025.2.0 17.11.2025