Jammu, dec 29: In O.A./2092/2025 (JAMMU) titled RISHI KUMAR Vs POWER DEVELOPMENT DEPARTMENTafter hearing CAT ordered as under:-
1. Mr. Sunil Sethi, learned Sr. Counsel for the applicant submitted that in pursuance of Government Order No. 154- MD/JPDCL of 2025 dated 06.12.2025, issued by Respondent No. 2, the applicant was posted as Incharge Assistant Executive Engineer, Sub Transmission Division II (STD-II), Sub Division-III (SD-III) Jammu Power Distribution Corporation Ltd against an available vacancy and after joining the aforesaid post on the same day, the applicant is regularly performing his duty.
2. The grievance of the applicant, as per learned Sr. Counsel is that, in terms of impugned order No. 181-JK (PDD) of 2025 dated 27.12.2025, private Respondent No. 4, has been transferred to STD-II, SD-Bari-Brahmana, JPDCL, which is the same office i.e. Assistant Executive Engineer, Sub Transmission Division-II (STD-II), Sub Division-Bari Brahmana JPDCL, in order to dislodge and effect premature transfer of the applicant, within a short span of 22 days, from the said post in violation of the Transfer Policy issued vide Government Order No. 861-GAD of 2010 dated 28.07.2010.
3. According to the learned Sr. Counsel, the impugned order is illegal, in as much as, the post against which Respondent No. 4 has been transferred is already filled up with the adjustment of applicant. He prays that the impugned order be stayed.
4. Issue notices to respondents. Mr. Hunar Gupta, learned D.A.G. appears and accepts notices on behalf of the respondents.
5. List on 05.02.2026.
6. The applicant has been able to make out a prima facie case in his favour, at this stage, for indulgence of the Tribunal.
7. Meanwhile, subject to objections and till the next date of hearing before the Bench, the operation of impugned order No. 181-JK (PDD) of 2025 dated 27.12.2025 to the extent it tends to transfer and post Respondent No. 4 shall remained stayed, with further direction that applicant be allowed to serve as I/c AEE STD-II SD-III JPDCL, Jammu.
8. Let reply be filed by the respondents by or on the next date of hearing with advance copy to learned counsel for the applicant
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