Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar

Order Date: 14 October 2026

Case Overview

  • Parties: Petitioner Ram Bharose Meena (employee of Border Roads Organization) represented by Senior Advocate S A Makroo and Advocate Rahil Noor; Respondents: Union of India and others, represented by Mr. Faizan, CGC and Mr. T M Shamshi, DSGI.
  • Background: The petitioner was transferred to Kargil in 2024, a high‑altitude posting. Under the applicable policy, service at high altitude creates a right to the employee to secure the next posting of his choice. The petitioner exercised this right by opting for Rishikesh.
  • Alteration of Posting: An order dated 24‑04‑2026 initially transferred him to Rishikesh, but on the very next day, 25‑04‑2026, his posting was altered to Guwahati. Counsel for the petitioner alleged the alteration was made solely to accommodate Respondent No. 9.
  • Prior Proceedings: The petitioner filed a representation with the respondents, which was not considered. Consequently, he filed writ petition WP(C) No. 1409/2026. This Court disposed of that petition on 29‑06‑2026, directing the respondents to consider the representation and decide strictly in accordance with the norms and policy governing transfers of Border Roads Organization employees, within a period of two weeks. The order was served on the respondents on 02 July 2026.
  • Subsequent Orders: Counsel for the petitioner contended that an order dated 16‑06‑2026 was passed by an incompetent officer and violated the Court’s earlier direction. He relied on the Supreme Court judgment in Ghanshyam Sarda Vs. Sashikant Jha to support this argument.
  • Further Developments: On 12‑10‑2026, the respondents’ counsel was directed to file a short affidavit. However, an order dated 10‑10‑2026 was produced before this Court, indicating that the petitioner was relieved of his duties on 10‑10‑2026.

Final Outcome

The Court held that the present petition had become infructuous and disposed of it on 14‑10‑2026, granting the petitioner liberty to avail any appropriate remedy available under law.

Topics: Transfer Posting, Administrative Law