No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.

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 20^th 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-7^th 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: -

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 21^st 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 7^th 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; 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–7^th 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 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