Central Administrative Tribunal - Srinagar
Gh Qadir Bhat vs Hospitality And Protocol Department on 8 December, 2025
ITEM 1 1 OA 1398 OF 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. No. 1398/2025
Date of Order: 08th December, 2025
CORAM
HON'BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Gh. Qadir Bhat Aged 50 years
S/o Late Haji Wali Mohammad Bhat
R/o New Theed Harwan Srinagar
Pin code: 191121
......Applicant
By Advocate :
Mr. Sheikh Manzoor
Ms. Asma Rashid
VERSUS
1. UT of J&K through Commissioner Secretary to
Government, Hospitality and Protocol Department, Civil
Secretariat Jammu/Srinagar-190001
2. Commissioner Secretary to Government, Culture
Department, Civil Secretariat Jammu/Srinagar-190001
3. Director, Hospitality and Protocol Department, J&K,
Jammu/Srinagar-190001
4. Administrative Officer Hospitality and Protocol
Department, J&K at Srinagar-190001.
......Respondents
By Advocate :-
Mr. Rais Ud Din Ganaie, DAG
Devendra Digitally signed by Devendra Tripathi
DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU,
Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806,
PostalCode=210205, S=Uttar pradesh, SERIALNUMBER=
4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN=
Devendra Tripathi
Tripathi Reason: I am the author of this document
Location:
Date: 2025.12.12 15:30:32+05'30'
ITEM 1 2 OA 1398 OF 2025
O R D E R (ORAL)
PRASANT KUMAR, MEMBER(Admn.)
01. Mr. Rais Ud Din Ganaie, learned DAG, appears for the respondents pursuant to the advance notice issued by learned counsel for the applicants.
02.It is stated by the applicant that the applicant is presently working as Senior Storekeeper at Hari Niwas Guest House, Gupkar Road, Srinagar. He was initially appointed as Class- IV (Jeever) in the year 1997 and was subsequently promoted from time to time.
03. The Hospitality and Protocol Department had a sister organization known as the J&K Tooshkhana Organization, which in terms of Administrative Council Decision No. 115/9/2022 dated 13.08.2022, was ordered to be wound up. Accordingly, Government Order No. 11-JK(HP) of 2022 dated 30.08.2022 was issued, whereby the Tooshkhana Organization was closed and its staff, records and assets were ordered to be transferred to the Department of Culture.
04.It is the case of the applicant that although the staff of the said organization was transferred to the Culture Department, the assets of the Single Lock Store of Tooshkhana continued to Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 3 OA 1398 OF 2025 remain in the custody of one Mohd. Amin Bhat, Tehvildar, even after his retirement on 31.03.2024.
05.The said retired official approached this Tribunal by way of O.A. No. 615/2025 and vide order dated 10.10.2025 of this Tribunal, the respondents were directed to immediately take over the charge and keys of the Tooshkhana. Thereafter, instead of transferring the assets to the Culture Department as mandated under Government Order dated 30.08.2022, the respondent No.3 issued the impugned order dated 28.10.2025 directing the applicant to take over the charge of the assets of the Single Lock Store of the Tooshkhana Organization.
06.Learned counsel for the applicant submits that the applicant does not possess the technical expertise or experience for maintaining the sensitive and valuable assets of the Tooshkhana Organization.
07.It is further submitted that the applicant had submitted representations dated 14.11.2025 and 21.11.2025 requesting that the charge be assigned to a technically qualified official of the Culture Department, but the said representations were rejected on flimsy grounds. It is argued that compelling the Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 4 OA 1398 OF 2025 applicant to take over such a sensitive charge would expose him to undue risk and serious administrative consequences.
08.Learned counsel for the respondents submits that the impugned order has been issued in compliance of the directions passed earlier by this Tribunal and that the respondents are duty bound to ensure that the charge of the store is formally taken over so that the retiral claims of the retired official could also be settled.
09.Per contra, the Ld. Counsel for the respondents submits that the respondents were well within their right and competence to assign duties to the applicant and as such the applicant herein was duty bound to carry out the order impugned within the stipulated time and the applicant cannot cherry pick the duties as per his choice. The Ld. Counsel for the respondents, during his arguments, drew attention to the Annexure - A2 (page 19 of the paper book, placed on record by the applicant), wherein the Administrative Officer, Hospitality and Protocol, J&K has drew attention of the applicant that "you belong to the Store Wing, but you have been continuously performing duties at Hari Niwas Guest House, Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 5 OA 1398 OF 2025 which does not fall within your designated domain of work". The Ld. Counsel further submitted that it was true that vide order dated 30.8.2022 the Hospitality and Protocol Department had transferred the sanctioned posts, incumbent staff, records, and immovable / movable assets of the Tooshkhana Organsiation to the Department of Culture and the Director, Hospitality and Protocol was directed to handover the moveable / immovable assets to the representative nominated by the Culture Department. However, the same is yet to be handed over.
10.The Ld. Counsel for the respondents further submitted that the impugned order was issued, directing the applicant herein to take charge of the assets of the Single Lock Stores of the Tooshkhana Organisation, as this Tribunal, vide its order dated 10.10.2025, passed in OA No. 615 of 2025, had directed the respondents "to immediately takeover the charge and keys of the Toshakhana from the applicant (i.e. Mohammad Amin Bhat)" as Mr. Mohammad Amin Bhat, Tehvildar had retired on 31.3.2024 and continued to look after the charge of Tooshkhana post-retirement and the keys and charge thereof Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 6 OA 1398 OF 2025 were yet to be handed over to the concerned authorities. The Ld. Counsel for the respondents further submitted that the applicant herein is a Senior Store Keeper and in the process of taking over the charge of the assets of Tooshkhana he is also to be assisted by one Mr. Shahnawaz Ahmad Parray, Store Keeper and the assets to be taken over are "Single Lock Stores" as mentioned in the impugned order. Accordingly, the Ld. Dy. AG submitted that the impugned order issued was fair, objective and reasoned and hence does not attract indulgence of this Hon'ble Tribunal.
11.We have heard learned counsel for the parties and perused the record before us.
12.Admittedly, vide Government Order No.11-JK(HP) of 2022, dated 30.8.2022, the Hospitality and Protocol Department, Civil Secretariat, ordered the closure / winding up of the Jammu and Kashmir Tooshkhana Organisation with transfer of sanctioned posts and incumbent staff to and all the records and immovable / movable assets of the Tooshkhana Organisation to the Department of Culture. Copy of the order was endorsed to Commissioner / Secretary to Government, Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 7 OA 1398 OF 2025 Culture Department with a request to authorize an officer(s) for taking over the movable / immovable assets of Tooshkhana Organisation and for their public display in the Museums. The Director, Hospitality and Protocol was also directed to handover the moveable / immovable assets to the representative nominated by the Culture Department immediately against the proper receipt although the same is still to be carried out.
13.From the records before us, it is seen that the charge of Tooshkhana was with one Mr. Mohammad Amin Bhat, Tehvildar, who continued to hold the same charge even after his retirement on superannuation on 31.3.2024 and accordingly, this Tribunal, vide its order dated 10.10.2025 in OA No. 615/2025, had directed the respondents to immediately take over the charge and keys of the Tooshkhana from the applicant, Mr. Mohammad Amin Bhat. Admittedly, the impugned order no. 124-DHP of 2025, dated 28.10.2025, was passed to relieve the retired Tehvildar of his duties of looking after the Tooshkhana even after his retirement, and the applicant herein was ordered to take over the charge of the Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 8 OA 1398 OF 2025 assets of the Single Lock Stores of Tooshkhana Organisation. To assist the applicant, who is a Senior Store Keeper, another Store Keeper was also assigned the duty and the process of handing over and taking over was to be completed within one week positively. In the impugned order it has also been mentioned that this interim arrangement shall remain in force until the Director, Archives, Archaeology and Museum J&K, formally assumes charge of the said Stores.
14.For just disposal of the instant OA it is required to examine whether the respondents are well within their rights to handover the charge of assets of Tooshkhana Organisation to the applicant herein.
15.Admittedly, the Government employees are essential to the functioning of public services and they face changes in their employment status, including transfers, promotions, demotions etc. Employers often adjust job responsibilities to meet evolving needs. For employees, such changes, at times may appear to be burdensome, while employers may see them as necessary to meet exigencies and for efficiency.
16.It is well settled in law that the employers have the legal right Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 9 OA 1398 OF 2025 to assign duties to their employees, provided that the assignment does not violate any laws or breach the terms of their employment and aligns with their original terms of engagement. Employers are also well within their right to assign new responsibilities to an employee without their consent and based on needs. The right of an employer to assign duties to its employees is supported by the legal framework governing public service in India, e.g. the Recruitment Rules, the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 etc. Government employees are bound by constitutional provisions, statutory service rules and administrative guidelines that dictate their rights, duties and responsibilities. It is also settled that the courts have to tread carefully, not to overstep their jurisdiction, and respect the Government's inherent powers to control appointments, assigning duties etc.
17.In the facts and circumstances of the instant case, we are of the considered opinion that no good ground is made out to interfere with the impugned order. However, at the same time, we feel that the process of handing over the charge of Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 10 OA 1398 OF 2025 Tooshkhana to the applicant herein requires to be properly overseen and conducted as per the existing guidelines etc. on the subject so as to avoid any future controversy and to safeguard the interests of all stakeholders.
18.Accordingly, the instant OA No. 1398 of 2025 is dismissed as no good ground is made out attracting indulgence of this Tribunal.
19.In the interest of justice, however, it is provided that during the process of taking over charge of the assets of the Single Lock Stores of Tooshkhana Organisation, a complete inventory of assets shall be prepared and each item shall be documented, including taking photographs from different angles, labeling each of them, video graphed wherever possible, strictly in accordance with the existing procedure and guidelines on the subject. Any missing items shall separately be listed and damaged items / assets, if any, be photographed / video graphed prior to handing over / taking over of charge. It is also provided that the entire process of handing over / taking over of assets of the Single Lock Stores of Tooshkhana Organisation shall be carried out under the Devendra Digitally signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30' ITEM 1 11 OA 1398 OF 2025 supervision of the Deputy Director, Hospitality and Protocol Department, Jammu/Srinagar.
20. No order as to costs.
(PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)
08-12-2025
DEVENDRA TRIPATHI
Devendra Digitally signed by Devendra Tripathi
DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN= Devendra Tripathi Tripathi Reason: I am the author of this document Location:
Date: 2025.12.12 15:30:32+05'30'