Manzoor Ahmad Naikoo vs HOUSING & URBAN DEVELOPMENT DEPARTMENT

O.A. No. 1206 of 2026
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1206 OF 2026
th
(Srinagar, 29 day of October 2026)

C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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............
1. Manzoor Ahmad Naikoo, aged 52 years, S/o Abdul Rahim
Naikoo, R/o Marhama, Ikhrajpora, Bijbehara, District Anantnag,
PIN CODE 192124, Cell No 7006807569 Orderly, Urban
Environmental Engineering Department, J&K, presently posted
at UEED Division Kulgam-Shopiyan under the impugned order,
earlier in the Office of the Executive Engineer, Sewerage &
Drainage Division-I, UEED, Srinagar.
K PUNIA
............ Applicant(s).

By Advocate : - Mr. Aswar R. Attar.

Versus


1. Union Territory of Jammu and Kashmir, through the
Commissioner/Secretary to Government, Housing & Urban
Development Department, Civil Secretariat,
Srinagar/Jammu, Pincode 190001

2. Chief Engineer, Urban Environmental Engineering
Department (J&K), Main Office, Suliman Shopping Complex,
Srinagar- Pincode 190001
3. Superintending Engineer, UEED Circle 2nd, Srinagar. Pincode
190001
4. Executive Engineer, Urban Environmental Engineering
Department, Division Shopian (UEED Division Kulgam-
Shopiyan), Shopian. PINCODE 192303
5. Executive Engineer, Sewerage & Drainage Division-I, UEED,
Srinagar. Pincode 190001

O.A. No. 1206 of 2026
[2]
........... Respondents.

By Advocate : - Mr. Furkan Yaqub Sofi, GA.


ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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Through the medium of the instant O.A., the applicant seeks
the following reliefs:
a. Quash the impugned Order No. CE/UEED/117 of 2026
dated 26.09.2026, issued by Respondent No. 2 under
endorsement No. CE/UEED/CC/2757-71 dated 26.09.2026,
in so far as it relates to the Applicant (S.No. 11 thereof);
b. Quash letter No. CE/UEED/Estt/3094-97 dated 19.10.2026
issued by Respondent No. 2, explanation call No.
UEED/Camp/Spn/68-70 dated 21.10.2026 and letter No.
UEED/Spn/78-80 dated 27.10.2026 issued by Respondent
No. 4, and all proceedings taken or to be taken in
pursuance thereof, and restrain the respondents from
initiating or continuing any disciplinary action against the
Applicant on account of his representation dated
16.10.2026 or of any reply submitted by him in that
behalf;

c. Direct the respondents to post the Applicant back to the
office of Respondent No. 5 against the post of Orderly held
by him in the District Cadre of District Srinagar, with his
attendance marked and salary drawn there, and not to
transfer, adjust, attach or otherwise post him to any
Division or office where no post of Orderly is sanctioned;

d. Direct the respondents to produce the record of the
impugned order, the letter No. CE/UEED/Estt/3094-97
dated 19.10.2026 and the record relating to the impugned
communications, together with the record showing the
Division-wise allocation of the sanctioned posts of Orderly
(MTS) after Government Order No. 29-JK(HUD) of 2026;
and

O.A. No. 1206 of 2026
[3]

e. Pass any other order or direction as this Hon'ble Tribunal
may deem fit and proper in the facts and circumstances of
the case, with costs.

2. The facts of the case are that the applicant has been serving
as an Orderly in the Urban Environmental Engineering Department
(UEED), Jammu and Kashmir, since 18.08.1997 and is borne on the
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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District Cadre of District Srinagar. The Tentative Seniority List
issued vide Order dated 26.09.2023, reflects him at serial no. 17
(Orderlies) which also records his D.O.B. as 01.04.1974 and
appointment date. Prior to the impugned order, he was posted in
the office of the Executive Engineer, Sewerage & Drainage Division-
I, Srinagar. As stated, the post of Orderly (MTS), carrying Pay Level
SL-1 (₹14,800–47,100), falls within the definition of District Cadre
under Section 2(b) of the Jammu and Kashmir Civil Services
(Decentralization and Recruitment) Act, 2010.
3. It is stated that, pursuant to the Council of Ministers'
Decision No. 121/18/2025 dated 03.12.2025, the Government,
vide Order dated 05.02.2026, reorganised the Department by
creating new posts and Divisions, abolishing certain posts and
placing others under diminishment. Under the said reorganisation,

O.A. No. 1206 of 2026
[4]
08 (eight) posts of Orderly were abolished, 15 (fifteen) were placed
under diminishment, and the sanctioned strength of Orderly (MTS)
for the entire Department was reduced to 04 (four) posts. No post
of Orderly was created or allocated to the newly constituted
Divisions.
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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4. The applicant challenges Order No. CE/UEED/117 of 2026
dated 26.09.2026, whereby respondent no. 2 adjusted 12 (twelve)
officials to various Divisions on a stop-gap basis. The applicant,
figuring at Serial No. 11, was adjusted to UEED Division Kulgam-
Shopiyan, which covers Districts Kulgam and Shopian. As stated,
the order does not identify any sanctioned post of Orderly or
vacancy against which he was adjusted, specify any administrative
exigency, or prescribe the duration of the arrangement. In the
meanwhile, his salary continues to be drawn by his existing
Drawing and Disbursing Officer at Srinagar, and his attendance is to
be certified by the concerned Executive Engineer of the new
Division until the requisite DDO code is generated. It is contended
that the arrangement effectively places him outside his District
Cadre against no sanctioned post, while leaving his existing post at

O.A. No. 1206 of 2026
[5]
Srinagar exposed to being treated as vacant and allowed to lapse.

5. Learned counsel for the applicant, Mr. Aswar R. Attar,
submits that the applicant joined at UEED Division Kulgam-
Shopiyan in compliance with the impugned order, without
prejudice to his rights. It is added by the applicant that the UEED
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
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Date: 2026.10.29 16:29:07+05'30'
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Division Kulgam-Shopian is a Division constituted in the course of
the re-organization, covering Districts Kulgam and Shopian, which,
as the impugned order itself records, has no Drawing and
Disbursing Officer code of its own. No post of Orderly is sanctioned
for it.

6. On 16.10.2026, the applicant submitted a representation to
respondent no. 2, with copies to respondents no. 1 and 3, seeking
withdrawal of the adjustment order insofar as it related to him. He
contended that no post of Orderly existed in the District Cadres of
Kulgam or Shopian and requested that he be permitted to continue
against his existing post at Srinagar. However, instead of deciding
the representation, the respondent no. 2, vide letter dated
19.10.2026, directed initiation of disciplinary action against him for
submitting the representation directly to the Chief Engineer

O.A. No. 1206 of 2026
[6]
without routing it through the proper official channel.

7. Pursuant thereto, the respondent no. 4 issued an
explanation notice dated 21.10.2026, requiring the applicant to
explain why his conduct should not be treated as a violation of
prescribed official procedure and also directing him to furnish his
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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work and conduct certificates for the last five years. The applicant
submitted his reply on 22.10.2026, asserting that no provision of
the Jammu and Kashmir Government Employees (Conduct) Rules,
1971, prohibited him from representing to the Head of the
Department against an order affecting his service, and that the
work and conduct certificates formed part of the Department's
official records. He also sought a copy of the letter dated
19.10.2026.
8. Subsequently, vide letter dated 27.10.2026, respondent no.
4 reported the matter to respondent no. 3 for appropriate action,
reporting that the applicant had failed to furnish a satisfactory
reply. The applicant contends that the said communication
misrepresented his reply and failed to address the points raised by
him.

O.A. No. 1206 of 2026
[7]

9. It is further stated that the same adjustment order is under
challenge in O.A. No. 1090/2026, titled Nasir Hussain Bhat v. U.T.
of J&K and Others, wherein this Tribunal, vide interim order dated
30.09.2026, directed that the order, insofar as it related to the
applicant therein, shall not be given effect. Being aggrieved by his
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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adjustment outside his cadre against no identified sanctioned post
and the initiation of disciplinary proceedings following his
representation against the adjustment, the applicant has filed the
present O.A. seeking appropriate reliefs.

10. Admittedly, transfer is an exigency of service and the
competent authority is the best judge to post an employee in the
public and administrative interest, and an employee has no right
to seek a posting of his choice. It is always left to the domain of
the competent authority and Courts have a very limited power to
interfere in such matters. To this effect, I am fortified by a catena
of judgments:
1. Union of India and others vs. S.L. Abbas, (1993) 4 SCC 357;
2. E.P. Royappa vs. State of Tamil Nadu, (1974) 4 SCC 3;
3. State of U.P. vs. Siya Ram, (2004) 7 SCC 405;
4. State of U.P. and others vs. Gobardhan Lal, (2004) 11 SCC 402;

O.A. No. 1206 of 2026
[8]

5. Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and
others, (2004) 12 SCC 299;

6. Somesh Tiwari vs. Union of India and others, (2009) 2 SCC 592;

7. Union of India and others vs. Muralidhara Menon and another,
(2009) 9 SCC 304;
8. B. Varadha Rao vs. State of Karnataka, (1986) 4 SCC 131;
9. Union of India and others vs. H.N. Kirtania, (1989) 3 SCC 445;
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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10. Shilpi Bose (Mrs.) and others vs. State of Bihar and others, 1991
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Supp (2) SCC 659;
11. National Hydroelectric Power Corporation v. Shri Bhagwan 2008
(8) SCC 574
12. Union of India v. Gh. Mohd. Sheikh 1998 SLJ JK 175
13. Chief General Manager (Telecom) N.E. Telecom Circle and another
vs. Rajendra CH. Bhattacharjee and others, (1995) 2 SCC 532;
14. State of M.P. and another vs. S.S. Kourav and others, (1995) 3 SCC
270;
15. Union of India and others vs. Ganesh Dass Singh, 1995 Supp. (3)
SCC 214;
16. Abani Kanta Ray vs. State of Orissa and others, 1995 Supp. (4) SCC
169;
17. Public Services Tribunal Bar Association vs. State of U.P. and
another, (2003) 4 SCC 104;
18. Union of India and others vs. Janardhan Debanath and another,
(2004) 4 SCC 245;
19. Rajendra Singh and others vs. State of Uttar Pradesh and others,
(2009) 15 SCC 178;
20. State of Haryana and others vs. Kashmir Singh and another, (2010)
13 SCC 306;
21. Anita Sharma vs. State of J&K 2019 Legal Eagle 489

O.A. No. 1206 of 2026
[9]

22. Mohammad Yaqub v. State of J&K 1984 SLJ 167

23. Syed Hilal Ahmad & Ors. v. State 2015 (3) JKJ 398

24. Namrata Verma vs. State of U.P. & Ors., 2021 OnLine SC 3337

25. Ankit Yadu v. State of Chhatisgarh (WPS No. 6125/2026)
Chhattisgarh High Court at Bilaspur decided on 18.08.2026

11. Learned counsel for the applicant in order to buttress his
arguments submits that the UEED Division Kulgam-Shopian is a
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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Division constituted in the course of the re-organization, covering
Districts Kulgam and Shopian, and as such, no post of Orderly was
sanctioned for it in terms of the Council of Ministers Decision
dated 03.12.2025. He further submitted that by adjusting the
applicant to this new Division, he has been deprived of his due
position. To this effect, he has relied upon the judgment of the
Hon’ble Apex Court in the case titled as P. K. Chinnasamy v. Govt.
of Tamil Nadu & Ors., (1987) 4 SCC 601, wherein their lordships
have held that an employee has to be given work commensurate
to his position. As such, he submitted that the applicant, having
been so attached, is deprived of being allotted work
commensurate to his status.
12. Heard.
13. At the request of learned counsel for the applicant, the O.A.

O.A. No. 1206 of 2026
[10]
is taken up for its disposal.

14. The O.A. is disposed of by providing that the respondents,
shall treat this O.A. as a representation along with the
representation reportedly filed by the applicant dated 16.10.2026,
and shall consider and decide the case of the applicant in
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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accordance with law, keeping in view the merits of the case. The
respondents, while deciding the case of the applicant, shall keep in
view the law cited above by the Hon’ble Apex Court and pass
appropriate orders strictly within a period of 02 (two) weeks
positively. The respondents while deciding the case of the
applicant shall also take note of the Council of Minister’s Decision
No. 121/18/2025 dated 03.12.2025. It is also made clear that while
disposing of the representation, the respondents shall accord a
personal hearing to the applicant to put forth his case. Needless to
mention that this Court has not expressed any opinion on the
merits or otherwise of the case, and the respondents shall decide
the case of the applicants strictly in accordance with the rules
governing the field.
15. Accordingly, O.A. No. 1206/2026 is disposed of along with all

O.A. No. 1206 of 2026
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connected M.A.s, if any.

16. No order as to costs.

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

Abhishek Punia
Court Master
29.10.2026
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHE 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d64
0e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:29:07+05'30'
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