Facts
The applicant, Farooq Ahmed Butt, aged 59 and having only one year and one month of service left before retirement, filed an Original Application challenging Order No. DIVCOMJMU(ESTT) 31 of 2026 dated 21.02.2026.
Source reference: p.2This order, issued by respondent No. 2, transferred the applicant from GQ Circle Roun, Tehsil Udhampur, to the office of respondent No. 5 (SDM Assar).
Source reference: p.2The applicant contended that this transfer violated Regulation 285 of the J&K Civil Service Regulations, which provides that an employee should not be transferred at the verge of retirement.
Source reference: p.2The applicant sought to quash the transfer order, be posted in Tehsil Bhaderwah to complete his pension papers, and be allowed to work at his present posting until his case was considered.
Source reference: p.2During the proceedings, an advocate for the respondents, Mr. Hunar Gupta, placed on record Order No. DIVCOMJMU(ESTT) 33 of 2026, dated 22.02.2026, stating that transferred Girdawars, including newly promoted ones, shall not be relieved until further orders.
Source reference: p.2-3Issues
Whether the transfer order dated 21.02.2026, transferring the applicant from GQ Circle Roun, Tehsil Udhampur, to SDM Assar, violates Regulation 285 of J&K Civil Service Regulations given his nearing retirement?
Source reference: p.2Whether the respondents should be directed to consider the applicant's case for continuing at his present place of posting, keeping in view the relevant transfer policy and Regulation 285 of J&K Civil Service Regulations?
Source reference: p.2, p.3Law Applied
The court applied Section 19 of the Administrative Tribunals Act, 1985, under which the Original Application was filed.
Source reference: p.2The primary legal principle relied upon was Regulation 285 of J&K Civil Service Regulations, which stipulates that an employee should not be transferred when they are at the verge of retirement.
Source reference: p.3The principles of natural justice, requiring a reasoned and speaking order, were also implicitly applied.
Source reference: p.3Reasoning
The court noted the applicant's limited prayer that the OA be treated as a representation for consideration of his case and a decision within a stipulated timeframe.
Source reference: p.2The applicant's counsel specifically argued that Regulation 285 of J&K Civil Service Regulations should prevent his transfer, as he had only one year and one month left until retirement.
Source reference: p.2, p.3The court, taking into account this limited prayer and the specific provision of Regulation 285, found it appropriate to direct the respondents to consider the applicant's case.
Source reference: p.3The court further considered the intervening order, Order No. DIVCOMJMU(ESTT) 33 of 2026, which temporarily halted the relieving of transferred Girdawars.
Source reference: p.2-3This indicated a potential for reconsideration of such transfers.
Source reference: no citationHolding
The Original Application was disposed of with a direction to the respondents to treat the OA as a formal representation from the applicant.
The respondents are directed to consider the applicant's case for continuing at his present posting as Girdawar GQ, Circle Roun Tehsil Udhampur, specifically considering the relevant Transfer Policy and Rule 285 of J&K Civil Service Regulations regarding transfers of employees nearing retirement.
Source reference: p.3The respondents must pass a reasoned and speaking order within six weeks, communicating it to the applicant.
Source reference: p.3-4Until the case is considered, the applicant is permitted to continue working at his present place of posting if no one has joined, failing which he may avail leave, and no coercive action is to be taken against him.
Source reference: p.3Original Court PDF
Farooq Ahmed Butt v. U.T of J&K and Others [O.A. No. 61 /300/2026]
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