Javeed Iqbal Banday vs RURAL DEVELOPMENT DEPARTMENT on 28 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR Order Sheet Item no.: 21 O.A./1199/2026 (SRINAGAR) [ DEPLOYMENT ] Court No.: 2 No of Adjournment: Order Dated: 28/10/2026 JAVEED IQBAL BANDAY Vs RURAL DEVELOPMENT DEPARTMENT

For Applicant(s) Advocate : MS. SEHREEN ZEHRA VIA VIRTUAL MODE

For Respondent(s) Advocate : SATINDER SINGH - AAG Order of The Tribunal 01/ The instant O.A appears to be a second round of litigation as in the earlier round, the petitioner had challenged his deployment to Gurez, Kashmir. The said petition was decided by the court vide judgement dated 28-09-2026. 02/ In the petition on hand, challenge is thrown to the order of consideration passed by the Director, Rural Development, Kashmir, dated 21-10-2026, whereby the representation of the petitioner has been rejected by the respondents, being devoid of merit. The order is assailed on various grounds, however, the star ground urged by the petitioner is that the Director, Rural Development Kashmir, does not have the power to deploy the petitioner, for, he is holding the post of In-charge Assistant Executive Engineer, and the power to do so is vested with the Administrative Department. 03/ Learned counsel for the petitioner further submits that it is not that the petitioner could not be deployed in the public or adminisrative interest but same could only be done under the orders of the Administrative Department. She submits that using the term 'deployment' would not cure the defect of lack of jurisdiction and, according to her, the Director, Rural Development Kashmir, does not have jurisdiction to deploy an employee. To this effect she has referred to an order passed by the Director, Rural Development Department, Kashmir, bearing No. 258-DRDK of 2026 dated 21-05-2026 whereby the order was issued only after the action taken by the Directorate was confirmed by the Secretary to Government, Rural Development & Panchayat Raj Department, Kashmir. 04/ Needless to say that the courts do not interfere in the matters relating to transfer or administrative matters unless same are passed without jurisdiction or issued by an incompetent authority or where mala fide is alleged or the order is passed on extraneous considerations or same is issued against the Statute. However, in the instant case, challenge has been thrown to the competence of the Director, Rural Development Department, Kashmir, to have passed the order. 04/ Heard learned counsel for the petitioner. 05/ Issue notice. 06/ Mr. Satinder - AAG appeared and waived notice. 07/ List again for consideration on 04-11-2026 as Case No. 2 in the Admission column of the Cause List. Till then, status qua, as on date, shall be maintained. 08/ Alteration/modification on motion. M. S. Latif Member (J) Tariq Mota ( ps consultant )