UT OF J&K Vs. ASHWANI KUMAR KATOTRA

JUDGEMENT

(1.) The respondent, a Medical Officer posted at Sub-District Hospital, Bishnah had filed O.A No. 61/1189/2025 before the Central Administrative Tribunal, Jammu (hereinafter to be referred as "the Tribunal") for quashing of the order dtd. 31/7/2025 issued by petitioner No. 2 transferring him from SDH, Bishnah to CHC Kalakote, and also for quashing order dtd. 31/7/2025 issued by petitioner No. 4 relieving him from his place of posting at Bishnah.

(2.) The aforesaid orders were challenged on the grounds that the same were issued in violation of the Cabinet Decision No. 156/12/2010 dtd. 27/7/2010, followed by Government Order No. 861-GAD of 2010 dtd. 28/7/2010, which provide that the transfers shall ordinarily be affected in the first month of the financial year i.e. April every year, and premature transfers should be avoided unless necessitated for administrative reasons and when unavoidable in the interest of administration, the same be made with the prior approval of the competent Minister. It was further contended that Government order dtd. 15/10/2020 mandates strict adherence to the transfer policy and clarifies that any transfer made on the administrative grounds beyond the notified calendar shall require the approval of the Lieutenant Governor.

(3.) It was contention of the respondent that he was transferred in the middle of the financial year without obtaining approval of the Lieutenant Governor.