Central Adminaretrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 126 of 2022 This the 23^rd day of April, 2024 Hon’ble Mr. Rajinder Singh Dogra, Member (J)

Mohd. Azam Khan aged 49 years, Son of Mohd Hafiz resident of villagePakora Tehsil Manjakote District Rajouri-185131.

...Applicant (Through Advocate: None)

Versus

1. UT of J&K through Commissioner/Secretary to Govt, Revenue Department, Civil Secretariat, Jammu-180001.

2. Deputy Commissioner, Rajouri-185131.

3. Tehsildar, Rajouri-185131.

....Respondents (Through Advocate: Mr. Hunar Gupta, learned DAG)

O R D E R

1. None for the applicant.

2. The instant petition has been filed by learned counsel for the applicants with following prayer:

(i) Quash order no. DCR/2021-

22/Estt/2017-18 dated 28.01.2022 issued by the respondent no. 2 pursuant to which respondent no. 1 was requested to give permission to respondent no. 2 to transfer the applicant from his present place of posting to out of Tehsil where he was posted in the month of November 2021 vide order dated 24.11.2021 the order issued by the respondent no. 2 is bad in the eyes of law as the same has been issued in violation of Govt. Order no. 861-GAD of 2010 dated 28.08.2010 issued by the General Administrative Department.

(ii) Quash Order bearing no. DCR/2021-

22/Estt/2019-25 dated 28.01.2022 pursuant to which the charge of patwar halqa Dhanidhar has been given to one Sh. Suresh Kumar Girdawar Dalhori by giving reference of communication bearing no. DCR/2021-22/Estt/2017-18 dated 28.01.2022 in which final decision is yet to be taken by the respondent no. 1.

(iii) Direct the respondents to allow the applicant to perform his duties at his present place of posting i.e., Patwari, Patwar Halqa Dhanidhar Rajouri.

3. Learned counsel for the applicants submitted that the applicants is aggrieved of order nos. order no. DCR/2021-22/Estt/2017-18 and DCR/2021-22/Estt/2019-25 dated 28.01.2022.

4. Learned counsel for the applicants further submitted that the applicant had joined his duties in the aforesaid Patwar Halqa where he has yet to complete his two years period but after the issuance of the orders impugned the charge has been snatched from the applicant and he has been set idle and request has also been made to respondent no. 1 for granting permission for his transfer out of Tehsil Rajouri.

5. Despite granting various opportunities to the respondents to file the reply, they failed to do so.

6. From the perusal of the records, it transpires that as per the transfer policy of UT of J&K a person cannot be transferred without completion of two years until and unless there is extreme administrative exigencies. Therefore, I am in view that this transferred order become infructuous in the interest of justice. The impugned order dated 28.01.2022 is quashed qua the applicants. Respondents are at liberty to issue fresh transfer order for applicants as per the rules.

7. With these directions OA 126 of 2022 is disposed of.

8. Interim direction, if any, shall stand vacated.

9. No order as to costs. (Rajinder Singh Dogra)

Member (J)

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