JUDGMENT Hon'ble Mr. Justice Muzaffar Hussain Attar, Judge 1. Petitioners in both the petitions are substantively holding the post of Junior Engineers (Civil) Grade-II in Public Works Department (R & B). Besides others, petitioners have been ordered to be transferred to the Rural Development Department, Jammu for further posting vide Government Order No. 336-PW (R & B) of 2010 dated 29.10.2010. It is this order, which has been called in question by the petitioners in these petitions. 2. Respondents have filed objections/reply affidavit. Mr. Shukla, learned counsel appearing for the petitioners submitted that the transfer of the petitioners to the Rural Development Department is illegal, inasmuch as, Rule 27 of the J & K Civil Services (Classification, Control & Appeal) Rules, 1956 (for short 'Rules of 1956') authorizes the competent authority to transfer and post a member of a service or class of a service in any post borne on the cadre of such service or class, but the petitioners have been transferred outside their cadre/service. 3. Learned counsel submitted that even if it is assumed that petitioners have been transferred by way of deputation to the Rural Development Department, then in such eventuality, before passing of such order, borrowing department was required to make a requisition to the parent department of the petitioners and if such deputation was agreed to by the parent department, then consent of the petitioners was also required to be sought for transferring them on deputation outside their parent cadre. Learned counsel in support of his contention referred to and relied upon the case titled Umapati Choudhary (appellant) v. State of Bihar and another (respondents); reported in (1999) 4 SCC 659 and case titled State of Punjab and others (appellants) v. Inder Singh and others etc. (respondents); reported in AIR 1998 SC 7 . Learned counsel, accordingly, submitted that the impugned order, so far it pertains to the petitioners, be set aside. 4. Mrs. Neeru Goswami, learned Deputy Advocate General appearing for respondents submitted that transfer of the petitioners is in fact their deputation from their parent department to another department. Learned counsel submitted that because of exigency of the service, deputation of many Junior Engineers Grade-II including petitioners was necessitated as there was short-fall of Junior Engineers Grade-II in the Rural Development Department, which in turn affected functioning and the progress of work of said Department. Learned counsel submitted that because of exigency of the service, deputation of many Junior Engineers Grade-II including petitioners was necessitated as there was short-fall of Junior Engineers Grade-II in the Rural Development Department, which in turn affected functioning and the progress of work of said Department. Learned counsel invited the attention of the Court to annexure R-1 of the objections, a communication which has emanated from the office of Under Secretary to Government, Rural Development Department, addressed to the Commissioner/Secretary to Government, Public Works (R & B) Department bearing No. RD/B/40/2009 dated 01.09.2010 wherein a request was made to Public Works Department for transferring 258 Junior Engineers on deputation to Rural Engineering Wing of the Rural Development Department for the reason that the equal numbers of posts were lying vacant in the said wing of the Rural Development Department in the State of J & K. It was also informed that shortage of manpower in the engineering wing of the Rural Development Department has caused adverse impact on the flagship works programme of the Department. 5. Learned counsel submitted that in terms of the J & K Rural Development (Subordinate) Service Rules, 2007 notified vide SRO 178 dated 9th May, 2007, 90% of the Junior Engineers in the Rural Development Department are to be provided by the Public Works (R & B) Department on deputation basis. 6. Learned counsel further submitted that in terms of Article 22-D, which has been recast vide notification SRO 192 dated 28th May, 2007, it has been clarified that the term 'deputation' will cover appointments made by transfer of 'in-service' Government Servants in public interests outside their parent organization on a temporary basis. 7. Learned counsel submitted the Government/competent authority having power to transfer an employee on deputation from his parent department to another department, the order impugned, in such circumstances, cannot be questioned. Learned counsel also submitted that there is no requirement of seeking consent from the concerned employee before ordering for his deputation to another department. Learned counsel further submitted that one Ishwar Chander Sharma, who was also ordered to be deputed vide impugned transfer order, had also challenged the same before the Court in SWP No. 2667/2010 and the Court vide its order dated 18.04.2011 dismissed the said writ petition. Learned counsel further submitted that one Ishwar Chander Sharma, who was also ordered to be deputed vide impugned transfer order, had also challenged the same before the Court in SWP No. 2667/2010 and the Court vide its order dated 18.04.2011 dismissed the said writ petition. Learned counsel referred to and relied upon the judgment of this Court in case titled J.L. Bamzai v. State of J&K and ors.; reported in 1990 KLJ 592 and Division Bench Judgment of this Court passed in batch of writ petitions with lead petition SWP No. 1167/1997 in case titled Manjit Singh and ors. v. State and ors. decided on 05.05.1999 as also case titled Abdul Ahad v. State of J&K reported in 2002 KLJ 495 and submitted that petitions deserve to be dismissed as none of the legal and statutory rights of the petitioners have been infringed. 8. In view of the issues raised at the Bar by the learned counsel for the parties, what is required to be ascertained is, as to whether the Government/competent authority has power to transfer by way of deputation an employee from outside his parent department to another department and if so, whether there is any requirement for seeking consent from the concerned employee who is required to be transferred by way of deputation outside his parent cadre. 9. In order to appreciate the issue raised, it will be appropriate to take note of Rule 27 of the Rules of 1956 and relevant part of amendment made in Civil Service Regulations Volume 1 by SRO 192 dated 28.05.2007: 27. Postings and transfers (1) A member of a service or class of a service may be required to serve in any part of the Jammu and Kashmir State in any post borne on the cadre of such service or class. (a) All transfers and postings shall be made by the authority prescribed by Government in this behalf. 10. SRO- 192: In exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir the Governor is pleased to direct that the following amendments shall be made in Jammu and Kashmir Civil Service Regulations. (a) All transfers and postings shall be made by the authority prescribed by Government in this behalf. 10. SRO- 192: In exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir the Governor is pleased to direct that the following amendments shall be made in Jammu and Kashmir Civil Service Regulations. In the said regulations: I. Article 22-D shall be recast as under: Art. 22-D (a) Deputation: - the term 'Deputation' will cover appointments made by transfer of 'In service' Government Servants in public interests outside their Parent Organization on a temporary basis. The deputation may be from one Government Department to another of the State Government or from a Government Department (of a State) to any Corporation, Company, Autonomous Body, Public Sector Undertaking wholly owned and controlled either by the State Government or by the Central Government, or any other State Government in the country. It shall include transfer made in public interests to Municipalities, Local Bodies, Statutory Bodies, and all other Non-Government Organizations Bodies and Institutions within or outside the State. II. Article 52-B be deleted. III. In Article 52-C: (a) Clause (ii) be deleted. (b) Clause (iii) be recast as under: An employee appointed on deputation may elect to draw either the pay in the scale of pay of deputation position or the Basic Pay and pay scale of the Parent cadre plus Personal Pay if any; The borrowing agency should obtain the option of the employee within one month from the date of joining the deputation post unless the employee has himself/herself furnished the said option. The option once exercise shall be final; however, the employee may reverse his/her option under the following circumstances which shall be effective from the date of occurrence of the same. 11. We have cabinet system of Government. The Government functions in accordance with the rules and procedure provided in the business rules. The Government takes decision for creation of posts and constitution of service and cadre of service. The Government, in order to discharge its functions and to regulate its powers, makes acts and rules in exercise of its legislative power. The Government in exercise of powers conferred by Section 3 of the Jammu and Kashmir Civil Servants (Removal of Doubts and Declaration of Rights) Ordinance, 1956 has made the rules of 1956. The Government, in order to discharge its functions and to regulate its powers, makes acts and rules in exercise of its legislative power. The Government in exercise of powers conferred by Section 3 of the Jammu and Kashmir Civil Servants (Removal of Doubts and Declaration of Rights) Ordinance, 1956 has made the rules of 1956. In terms of rule 8 of the Rules of 1956 all first appointments to any service or class are being made by the Government or by an authority empowered by the Government in this behalf. 12. It is further provided in the said rule that where the appointments to any service or class are made by any authority sub-ordinate to Government, they shall, subject to a general and special order of the Government, be made to the lowest category or the lowest grade of a category if it consists of more than one grade. The appointments of the petitioners have been made by the Government. The petitioners, who were offered appointments by the Government, after accepting the same have attained status and their service conditions/rights are governed and regulated by the Act or Rules and Administrative orders issued by the Government from time to time. The SRO 192 dated 28.05.2002 provides that deputation will cover appointments made by transfer of in-service Government servants in public interests outside their parent organization on temporary basis. In terms of rule 27 of the Rules of 1956, Government servant can be transferred from one post to another post in his service or cadre of service. Rule 27, thus, authorizes the competent authority to transfer an employee on any post in any part of J & K State borne on the cadre of such service or class. In terms of Article 22-D, the competent authority has power to appoint by transferring an in-service Government servant in public interest outside his parent organization on a temporary basis. The competent authority in terms of Article 22-D is thus clothed with the power to transfer a member of service or class from outside his cadre which transfer is christened as deputation which, expression also covers appointment of in-service Government servant on temporary basis outside his parent organization. The competent authority/Government has statutory power to depute an employee for a temporary period outside his parent organization. The Government/competent authority is repository of the power of transferring in-service Government servant outside his parent organization. 13. The competent authority/Government has statutory power to depute an employee for a temporary period outside his parent organization. The Government/competent authority is repository of the power of transferring in-service Government servant outside his parent organization. 13. In the case on hand petitioners have been transferred from their parent organization to Rural Development Department. The said power is traceable to Article 22-D as has been recast in terms of SRO 192 dated 28.05.2007. The impugned order is an order passed under Article 22-D (supra). The contention raised by Mr. Shukla, learned counsel appearing for the petitioners that in order to transfer an employee outside his parent organization, there is to be a requisition from the borrowing department, and no objection from the parent department, as also consent from the concerned employee, cannot be accepted for the following reasons: (a) The Government/ Competent authority has statutory power to temporarily transfer an in-service Government employee in public interest outside his parent organization on a temporary basis. This power conferred on the Government/competent authority in terms of Article 22-D is not hedged with any condition. In case the argument of the learned counsel for the petitioners is to be accepted, that would be re-writing Article 22-D, inasmuch as, the conditions would be introduced in the said provision of the statute. The language of Article 22-D being plain and clear and intendment sought to be achieved being obvious, it does not thus require any interpretation, even otherwise, Courts do not legislate laws. Thus in view of the language in which Article 22-D is couched an in-service Government servant can be transferred on temporary basis in public interest outside his parent organization. For exercising such powers only public interest is to be seen. If the consent of the concerned Government employee would be pre-requisite for exercising such power, then the Government/competent authority which is charged with the duty of providing efficient administration and proper services to the common masses, will be deprived from taking decision in most of the cases as the concerned employee may refuse to give his consent. If the consent of the concerned Government employee would be pre-requisite for exercising such power, then the Government/competent authority which is charged with the duty of providing efficient administration and proper services to the common masses, will be deprived from taking decision in most of the cases as the concerned employee may refuse to give his consent. (b) Schedule II-A (Executive) appended to Rules of 2007 under the caption Technical VI (A) provides that 90% of the Junior Engineers are to be recruited by deputation from the Public Works Department and 10 % by promotion from amongst the Works Supervisors appointed by the competent authority in the Rural Development Department under the recruitment Rules of 1990 and having undergone a Degree or Diploma Course in Engineering from recognized institution. It is further provided that in case of the non-availability of eligible Works Supervisors under promotion quota these remaining posts shall also be diverted to the deputation quota from Public Works Department. The Statute thus provides deputation of Junior Engineers from Public Works Department to Rural Development Department. In this case a specific requisition has been made by the Rural Development Department to the Public Works Department for transferring 258 Junior Engineers to Rural Development Department. The Public Works Department is, thus, under Statutory obligation to depute Junior Engineers to Rural Development Department. In view of the aforesaid provisions of Rules of 2007, there is statutory requisition on the part of the Rural Development Department and a corresponding statutory obligation on the part of Public Works Department to comply with the said statutory requisition. (c) By transferring petitioners from outside their parent organization, it is neither pleaded in the writ petition nor it was argued at the time of hearing that any of their service rights have been adversely affected. 14. May be in some circumstances if a person is to be permanently transferred from outside his parent organization and absorbed/recruited in another department, then his consent may be required before taking such a decision. This, however, will depend on the individual facts and circumstances of each case. 15. The Judgment of the Hon'ble Supreme Court in Umapatti Choudhary's case has different facts and features than the case on hand. In that case the Board had made request to the University for deputing an officer. The officer was deputed and post was created in the Board. 15. The Judgment of the Hon'ble Supreme Court in Umapatti Choudhary's case has different facts and features than the case on hand. In that case the Board had made request to the University for deputing an officer. The officer was deputed and post was created in the Board. The request was made for appointment of employee who was deputed to the Board from the University. Employee was to be permanently absorbed. It is in this factual backdrop, Hon'ble Supreme Court ruled that lending department and borrowing department must agree for such permanent absorption of the deputationist and consent of the employee is also required. There was no statutory rule involved and thus on the general principle of law aforesaid observations were made by the Hon'ble Supreme Court. Further in that case issue was about permanent absorption of deputationist on a post, when in the case on hand is only a temporary appointment of the petitioners outside their parent organization which is authorized by the statutory rule. 16. The Judgment in State of Punjab and other's case proceeds on entirely on different facts. In that case the Head Constables were on deputation to the CID department of the Punjab Police where they had been promoted and appointed on the post of Sub-Inspectors and after a long period of time, they were repatriated to their original post. That is not the issue involved in this case. On the other hand the judgment cited by Mrs. Goswami, learned Dy. AG appearing for the respondents provide that deputation and transfer are synonyms and deputation would also mean transfer of an employee though outside the parent organization. The Article 22-D provides that deputation covers appointments made by transfer of in-service Government Servant in public interest outside their parent organization on temporary basis. The statutory rules thus make the expression transfer and deputation akin to each other and authorizes the competent authority to make temporary reputation of its employees. 17. For what has been stated above, these petitions, being merit less, are dismissed. Interim orders stand vacated. Petitioners to comply with the order impugned in this petition forthwith.