JAMMU, July 30: The Central Administrative Tribunal, Jammu, a Division Bench comprising of Rajinder Dogra (Judicial Member) and Ram Mohan Johri (Administrative Member), has dismissed two petitions filed by 45 employees from the Union Territory of Ladakh, who had sought transfer to Jammu.
The petitioners had contended that after the implementation of the Jammu and Kashmir Reorganization Act, 2019 which bifurcated erstwhile State into the Union Territories of Jammu & Kashmir and Ladakh, the Ladakh administration invited options from employees posted in Ladakh to be transferred to Jammu & Kashmir.
Out of approximately 155 employees who opted for transfer in 2023, around 95 were transferred and approximately 55 were denied. The impugned transfer order was challenged by the rest of the employees before the CAT Jammu Bench with the prayer to transfer them to Jammu.
While referring to Section 89 of the J&K Reorganization Act, the CAT clarified that only those employees who were originally part of the erstwhile J&K cadre and were posted in Ladakh before the bifurcation were eligible to exercise the option for transfer. Employees who were appointed after the creation of the Union Territory of Ladakh in 2019 were part of the Ladakh cadre and thus ineligible for transfer to Jammu & Kashmir”, the CAT said.
CAT added that employees born on the Ladakh cadre cannot seek transfer to Jammu merely on the grounds of convenience or preference & further observed that all employees cannot be transferred to Jammu, as the administration of Ladakh must have adequate staff for effective functioning.
Accordingly, both the petitions were dismissed.
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