J&K HC sets aside CAT order, grants relief to employee

High Court has set aside the order of Central Administrative Tribunal declining to grant interim relief as also order of transfer of an employee working in Food Civil Supplies and Consumer Affairs Department by recording that the order of transfer should not be on the basis of mala-fides but has to be in the interest of administration.

The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul while hearing a petition moved by advocate Nissar Ahmad Bhat on behalf of petitioner-Syed Mudasir Mushtaq challenging the order of Central Administrative Tribunal, Jammu Bench whereby CAT has declined to grant interim relief to petitioner for seeking stay on his transfer.

Advocate Nissar challenged the transfer order on the ground that there is no post of Junior Assistant in the Sales Centre Zainpora where the petitioner has been transferred as such his posting is not commensurating to his status.
He further added that as per his entitlement being different in class, category and cadre and there being no post of Junior Assistant and the transfer is made against a non-existent post