The Division Bench of Central Administrative Tribunal, Srinagar Bench Comprising D.S.Mahra (J) & Prasant Kumar (A) while dismissing an OA filled by an employee challenging the Order of Deputation from the UT of J&K to the UT of Ladakh has held that while passing the Order of Deputation the Prior consent of Employee is not necessary.

The Applicant before the Ld. Tribunal had called in question his Order of Deputation to the Union Territory of Ladakh for a period of two years on the ground that his consent was not obtained/taken before such order of deputation to the UT of Ladakh was passed.

The State on the other hand contended that for passing such order of deputation the consent of employee is not necessary/required, as the same falls within the power/jurisdiction of the Government.

The Tribunal tested the said order on the touchstone of Article 22(D) & Article 52(C) of J&K Civil Service Regulations, 1956 read with Rule 25 of J&K Civil Service Regulations, 1956 and held that the combined reading of regulations nowhere mentions that before exercising the power of transfer or transfer on deputation from one cadre to another cadre or from one department to another department, the consent of concerned employee is necessary.

The tribunal while relying upon the decision of High Court of J&K in the matter of Ghulam Abass versus State of J&K and Ors SWP No. 2648/2010 & SWP No. 2531/2010 decided on 01.11.2011 observed that the relevant provisions of transfer/deputation of an employee did not mention about taking prior consent of the concerned employee. The Tribunal Accordingly dismissed the OA.