Subsequent Appointment to Same Post Renders Original Transfer Order Redundant, Requiring Fresh Adjudication of Posting.

The applicant, a 54-year-old employee at the Electric Division, JPDCL, Vijaypur, challenged Government Order No. 144-JK (PDD) of 2025 dated 28.10.2025, which directed his deputation to the J&K Police Housing Corporation for two years.

On 03.11.2025, the Tribunal granted interim relief staying the operation of the transfer.

During the pendency of the case, the respondents issued a subsequent order (No. 99-JK (PDD) of 2026) posting another official, Mr. Rajnish Anand (Junior Engineer), to the exact post previously earmarked for the applicant.

The applicant sought disposal of the O.A. with directions for a fresh posting order in light of these developments.

1. Whether the impugned deputation order remains valid and enforceable against the applicant given that the target post has been filled by another incumbent.

2. Whether the applicant is entitled to continue at his current place of posting pending a fresh administrative decision.

The Tribunal applied the principles of administrative law governing civil service transfers and deputations, specifically emphasizing that transfer orders must align with "relevant transfer guidelines in vogue and administrative exigencies".

It further acted upon the doctrine of "mootness" or lack of relevance, where a subsequent administrative action (filling the post with another officer) renders the original impugned order practically redundant.

The Tribunal noted that the respondents did not dispute the factual assertion that Mr. Rajnish Anand had joined the post originally intended for the applicant.

Consequently, the Tribunal reasoned that the impugned transfer order had "practically lost its relevance" qua the applicant because the vacancy to which he was to be deputed no longer existed.

By applying the facts of the subsequent posting (Order No. 99-JK) to the relief sought, the Tribunal determined that the most equitable solution was to require the department to re-evaluate the applicant's status based on current administrative needs rather than enforcing a redundant order.

The respondents were directed to pass a fresh order regarding the applicant’s posting/transfer within 10 days of receiving the order, adhering to established transfer guidelines. The Tribunal further ordered that the applicant be permitted to continue discharging his duties at his present place of posting (Electric Division, Vijaypur) until the fresh order is issued.