Khursheed Ahmad Bhat vs Pwd (r&b)

Court
Central Administrative Tribunal

[1] O.A. No. 832 of 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 832 OF 2021
nd
(Srinagar, 02 day of September 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Khursheed Ahmad Bhat, Aged 48 years, Son of Haji Mohammad
Sadiq Bhat, R/o Moomin Abad, Tangpora Byepass, Batamaloo,
Srinagar, Pin Code 190009.
............ Applicant(s).

By Advocate : - Mr. Faizan Majid Bhat along with Ms. Aatiya.

Versus

1. Union Territory of Jammu and Kashmir through Chief
Secretary to Government, Civil Secretariat Srinagar, 190001
2. Principal Secretary to Government, Public Works (R&B)
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2 Reason: I am the author of this document
Location:
Date: 2026.09.03 14:51:18+05'30'
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Department, Civil Secretariat, Srinagar, 190001

3. Shailender Kumar, Principal Secretary to Government, Public
PUNIA
Works (R&B) Department, Civil Secretariat, Srinagar, 190001

4. Executive Engineer, Mechanical City Drainage Division, SMC,
Srinagar, 190001

5. Firdous Ahad Bhat, I/C Assistant Executive Engineer, Housing
and Urban Development Department, Civil Secretariat,
Srinagar, 190001.
................ Respondents.

By Advocate : - Mr. Syed Musaib, DAG.





[2] O.A. No. 832 of 2021
ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
By way of filing the instant O.A., the applicant sought the
following reliefs:
a. That the impugned corrigendum dated 06.05.2021 be
quashed/set aside.

b. The respondents be directed to allow the petitioners to
continue as Assistant Executive Engineer in Mechanical
S&D Left Sub Division Srinagar, as same shall be in the
interest of justice.
c. Any other order or direction which this Hon’ble Court may
deem fit in the circumstances of the case may also be
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2 Reason: I am the author of this document
Location:
Date: 2026.09.03 14:51:18+05'30'
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PUNIA
passed in favour of the petitioner and against the
respondents in the interest of justice and equity.

2. What emerges from the pleadings made is that the applicant
was working as Assistant Engineer in the respondent department,
and in pursuance to his duties, he was deputed to Public Health
Engineering/I&FC Department, where as stated, he has worked for
years together. Thereafter, the applicant was recalled by his parent

[3] O.A. No. 832 of 2021
department and was deputed to Srinagar Municipal Corporation
for further duties.
3. It is stated that the respondent department processed the
case of the applicant for promotion of Mechanical Engineers and
the applicant was promoted as Assistant Executive Engineer on I/C
basis. The applicant has thrown challenge to Order dated
30.04.2021 on the grounds as have been urged in the O.A.
4. Reference has been made to Para H of the grounds wherein
it is averred that the applicant was declared Covid-19 positive
which prevented him from joining his duties.

5. Perusal of the first order passed by the CAT Jammu Bench
dated 31.05.2021, reveals that the prayer for grant of interim relief
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2 Reason: I am the author of this document
Location:
Date: 2026.09.03 14:51:18+05'30'
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PUNIA
of the applicant was rejected. However, the respondents were
directed to file their reply in the matter. It appears that reply has
not been filed by the respondents.
6. Law is no more res integra that an employee has no right
to seek posting of his choice. It is the domain of the employer to
post an employee in the administrative and public interest. To
this effect, I am fortified by the judgments mentioned hereunder:

[4] O.A. No. 832 of 2021

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;


7. The matter has been pending past more than five years,
and as of now, coupled with the fact that the ground urged by the
applicant of being covid positive, by afflux of time, is rendered
infructuous.
8. Accordingly, O.A. No. 832/2021 is dismissed as infructuous
along with all connected M.A.s, if any.



(M.S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
02.09.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2 Reason: I am the author of this document
Location:
Date: 2026.09.03 14:51:18+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA