JUDGMENT : 1. Heard the learned counsel for both sides. Perused the writ pleadings and the record accompanying. 2. This writ petition originally came to be filed by two petitioners namely, Pameet Singh as the petitioner No. 1 and Royal Bakshi, as the petitioner No. 2, both feeling aggrieved in their respective way, of an Order No. 226 dated 13.02.2020 passed by the respondent No. 2 - Mission Director National Health Mission (NHM), Govt. of UT of J&K in terms whereof the original place of posting of eleven persons serving as Programme Management Staff came to be changed to new places of posting falling in different districts purportedly contrary to the nature and purpose of their contractual engagement meant for discharge of duty in the parent district only. 3. The afore-named two petitioners figured at serial No. 5 (petitioner No. 2) & 9 (petitioner No. 1) of the said Order dated 13.02.2020. The petitioner No. 2-Royal Bakshi came to withdraw himself from the writ petition in terms of an order dated 08.10.2020 leaving the writ petition to be pursued only by the petitioner No. 1-Pameet Singh and, as such, this writ petition is now bearing sole petitioner said Pameet Singh and, accordingly, the reference of facts would be pertaining to the petitioner-Pameet Singh only. 4. The petitioner-Pameet Singh came to be engaged on contractual basis in the District Health Society, Kathua in District Programme Unit/Block Programme Management Unit under the Adolescent Reproductive & Sexual Health (“ARSH” in short) at District Hospital, Kathua under the National Rural Health Mission (“NRHM” in short) by virtue of an Order No. DMPU/NRHM/K/743-53 dated 04.01.2010 issued by the Chief Medical Officer, Kathua as being Vice-Chairman of the District Health Society, Kathua. 5. In terms of this order dated 04.01.2010, the contractual appointment of the petitioner came to take place as Data Entry Operator (“DEO” in short) under ARSH District Hospital, Kathua on monthly honorarium of Rs.4,500/-(pre-revised). The terms and conditions upon which the petitioner’s engagement was to be governed were stated in the said order of engagement No. DMPU/NRHM/K/743-53 dated 04.01.2010. The contractual engagement of the petitioner came to be continued by periodic renewals and place of posting at District Hospital, Kathua. 6. The terms and conditions upon which the petitioner’s engagement was to be governed were stated in the said order of engagement No. DMPU/NRHM/K/743-53 dated 04.01.2010. The contractual engagement of the petitioner came to be continued by periodic renewals and place of posting at District Hospital, Kathua. 6. Thus, from January, 2010 onwards, the petitioner came to serve his engagement as DEO in the District Hospital, Kathua without any discontinuation and displacement when suddenly by virtue of an Order No. 226 dated 13.02.2020 passed by the respondent No.2 - Mission Director NHM, Govt. of J&K the petitioner along with ten other staff members under NRHM engaged in different districts of Jammu province came to be shuffled and shifted from their original places of posting. 7. In terms of said order dated 13/02/2020, the petitioner was ordered to be shifted from his posting as DEO, District Hospital, Kathua and posted to District Hospital, Kishtwar and the posting order was said to have come into operation with immediate effect. 8. The petitioner reckoned this so called order of posting amounting to his displacement as prejudicial to the very basis of the engagement of the contractual staff/employees and thus came forward with this writ petition filed on 24.02.2020 i.e., within ten days of the passing of the impugned order, reckoning him not relieved from his posting in the District Hospital Kathua and having not received even the said order of transfer on account of being on leave at the relevant point of time. 9. This Court, in terms of an order dated 25.02.2020, came to direct that the petitioner be not relieved from his place of posting and that being the District Hospital, Kathua. Despite this direction, which is obtaining as on date, the fact remains the petitioner was somehow not allowed to serve his engagement as DEO District Hospital, Kathua by the authorities/officials concerned on the pretext that his relieving has taken effect with immediacy upon passing of the impugned Order No. 226 dated 13.02.2020 and, as such, the petitioner was rendered in a No-man’s land by the purported course of action for which the responsibility is at the end of the respondents in general and the respondent No. 2 in particular. 10. 10. The grounds upon which the petitioner has questioned the impugned dislodgment from his place of posting meant to be unchangeable at District Hospital, Kathua are that under the National Health Mission (“NHM” in short) the guidelines issued by the Ministry of Health & Family Welfare, Govt. of India under F. No.10(22)/2009-NHRM dated 14.05.2010 the contractual appointments under NHM are made in the order of district/tehsil/block/village wise on availability and merit for the purpose of enabling the availability of the working hands 24×7 in the village/block/tehsil/district wherein a particular establishment under National Health Mission is positioned to render health services. 11. It is pleaded by the petitioner that the contractual engagement is establishment and locality specific and that is the reason that the petitioner continued with his place of contractual engagement at District Hospital, Kathua for the last ten years in running as he being resident of district Kathua is working on a monthly honorarium which by no stretch of reference and remuneration is a salary and only qualifies to be a working wage available to a contractual employee without any allowances and incentives but with sole benefit of rendering service within the area, be it village/block/tehsil/district, for which engaged. 12. The NHM Policy admits of no inter-district transfer and/or posting of contractually engaged staff and, therefore, the impugned order passed by the respondent No. 2-Mission Director, National Health Mission, Govt. of UT of J&K was in disguise of a transfer effecting, without any power and authority for enabling such like arrangement. 13. The petitioner has referred to the instances of the Govt. of Tripura & Assam to highlight the fact that even in rest of India the policy of NHM does not envisage transfer of a contractually engaged work force meant for one district to be posted to another district. 14. Accompanying the writ petition are the documents as annexure upon which the reliance is being placed by the petitioner to emphasize the fact that the very working of NHM is based upon locality and local working hands within the district/tehsil/block/village. In this regard, reference is made to communication No. SHS/NHM/J&K/K/4126-37 dated 11.09.2013 issued by the Mission Director NHM, Govt. of UT of J&K to the District Development Commissioner, Chairman District Level Health Society, Kathua, a communication No.SHS/NHM/J&K/18285-86 dated 06.02.2013 by the Mission Director, NHM, Govt. In this regard, reference is made to communication No. SHS/NHM/J&K/K/4126-37 dated 11.09.2013 issued by the Mission Director NHM, Govt. of UT of J&K to the District Development Commissioner, Chairman District Level Health Society, Kathua, a communication No.SHS/NHM/J&K/18285-86 dated 06.02.2013 by the Mission Director, NHM, Govt. of UT of J&K to the Deputy Advocate General, Jammu and a communication No. SHS/NHM/J&K/HMIS/24232-24279 dated 18.02.2020 issued by the Mission Director NHM, Govt. of UT of J&K to the Chief Medical Officers of all the districts. 15. The learned counsel for the petitioner has submitted that the impugned order of the respondent No. 2 - Mission Director NHM, Govt. of UT of J&K is afflicted with malice, both in fact and law, so as to accommodate one Data Entry Operator (DEO) posted at Chouki Choura to be favoured with a posting in Jammu at Marh and for doing that under the pretext of rationalization/re-shuffling, musical chair has been used to displace the petitioner. 16. The learned counsel for the petitioner has drawn a very pointed reference to the fact that malice in law attending the issuance of the impugned order No. 226 dated 13.02.2020 is forthcoming from the fact that the petitioner has been swapped with one Arvind Shan who is engaged and serving as DEO ARSH, District Hospital, Kishtwar and that meant a clear-cut case of inter-district transfer/swapping of DEOs ARSH and was by no means a contingency begging to be attended by shifting of the petitioner from District Hospital, Kathua to District Hospital, Kishtwar to serve there as DEO ARSH with the same contractual status and same monthly honorarium thereby seriously prejudicing the position and purse of the petitioner. 17. The respondent No. 2-Mission Director NHM, Govt. of UT of J&K in his objections has come forward with a take that the exercise purportedly done by virtue of impugned Order No. 226 dated 13.02.2020 is not a transfer at all but a temporary arrangement made wholly and solely in the interest of administration and is a part of rationalization process. 18. The respondent No. 2-Mission Director NHM, Govt. of UT of J&K claims to be well within his power to issue such order/s in the interest of administration being the appointing authority for the Programme Management Units at State/Division/ District/Block level. 19. 18. The respondent No. 2-Mission Director NHM, Govt. of UT of J&K claims to be well within his power to issue such order/s in the interest of administration being the appointing authority for the Programme Management Units at State/Division/ District/Block level. 19. On the basis of the impugned order, the petitioner is said to have been relieved before the filing of the writ petition and it is responded that the purported act of non-joining by the petitioner as DEO District Hospital Kishtwar is an unprofessional and uncalled for conduct and attitude which may have an adverse effect on the delivery of various health care schemes under the NHM J&K. 20. In his reply/objections, the respondent No.2-Mission Director NHM, Govt. of UT of J&K has referred to the model of working of NHM Scheme being guided by the guidelines issued by the Ministry of Health & Family Welfare, Govt. of India as per which, while hiring the manpower under NHM, preferences are given to local candidates at the time of initial appointment and residence at the place of posting is to be ensured for smooth and effective delivery of the health care schemes under NHM. By that a reference, a flexibility is being read to be vesting to the State/UT Administration for optimal/rational utilization of manpower. 21. The displacement of the petitioner is being admitted not to be a transfer but a temporary arrangement for a specific purpose in the interest of administration and as a part of rationalization process. 22. Before coming to deal with the case on merits, this Court would first like to put on record its serious censure against the respondents, in particular the respondent No.2, in the manner in which they have come to respond with respect to direction as imparted in the interim order dated 25.02.220 passed by this Court at the first admission hearing of this writ petition. For the purposes of a correct reference on record, the order dated 25.02.2020 is reproduced as under:- “Notice the respondent Nos. 1 to 8 only at this stage for 26.02.2020. Mr. H. A. Siddiqui, learned Sr. AAG accepts notice on behalf of the respondents 1 to 8. In the meanwhile, petitioner shall not be relieved from their present place of engagement. Mr. H. A. Siddiqui, learned Sr. 1 to 8 only at this stage for 26.02.2020. Mr. H. A. Siddiqui, learned Sr. AAG accepts notice on behalf of the respondents 1 to 8. In the meanwhile, petitioner shall not be relieved from their present place of engagement. Mr. H. A. Siddiqui, learned Sr. AAG to produce the policy and the contract executed with the petitioners providing the terms of the engagement on the next date of hearing.” 23. The direction, as imparted in this order dated 25.02.2020, was in presence of Sr. Additional Advocate General (AAG) representing the respondents being on caveat. The direction in the order dated 25.02.2020 admitted of no scope for any confusion that the petitioner was to be not, or not to be, relieved from the present place of his engagement and that is the District Hospital Kathua. 24. The manner in which the respondents have come to deal with this direction of the writ court is as if giving precedence to the impugned Order No.SHS/NHM/J&K/24054-72 dated 13.02.2020 in the context of the fact that the said order dated 13.02.2020 came into being seen with an immediate effect. If left to the respondents’ understanding of the words “immediate effect” obtaining in Order No.SHS/NHM/J&K/24054-72 dated 13.02.2020 that means that all the persons whose names stood mentioned in the said order were to take departure from their respective places of posting leaving everything as it is and directly reaching the new place of posting without even travelling time at their disposal. 25. If left to the respondents’ understanding, the order dated 13.02.2020 admitted of no relieving or taking over by the persons getting transferred and posted respectively. This understanding is an antithesis to the very service jurisprudence relating to the shifting/transfer of a place of posting of a person from one place to another. A person who is ordered to be posted from one place to another to be replaced by an incoming person is supposed to carry out handing over and taking over in a proper manner and thus to relieve himself or herself from the present place of posting so as to join the new place of posting. 26. The order dated 13.02.2020 passed by the respondent No. 2 - Mission Director NHM, Govt. 26. The order dated 13.02.2020 passed by the respondent No. 2 - Mission Director NHM, Govt. of UT of J&K did not spell out any such contingency as to whom the officials mentioned in the order were supposed to hand over the charge the seat from their respective places of posting before reporting themselves to the new place of posting. 27. In the Caveat filed on 14.02.2020 by the respondents against the persons named in the order dated 13.02.2020, which includes even the petitioner herein, the respondents nowhere whispered the fact that all the persons stood properly relieved in due course of procedure in the light of the expression of the order purportedly coming into picture with “immediate effect”. 28. From 25.02.2020 onwards, the respondents kept on seeking time for filing the reply to the writ petition as well as objections to the CMP for interim relief and it is only on 13.09.2021 that the same came to be filed on behalf of the respondents. 29. In the intervening period, the respondents had at no point of time ever came up with a plea that the interim direction in terms of order dated 25.02.2020 with respect to the petitioner is creating an awkward position for the respondents by virtue of the purported fact that the petitioner has been relived with immediate effect before coming into picture of the direction as given in the order dated 25.02.2020 and, therefore, it was not possible for the respondents to recall the petitioner from his new place of posting to resume the work at his original place of posting i.e. District Hospital, Kathua to act in conformity with court direction. 30. Thus, it is evident that all the respondents were well aware of the fact that the petitioner was not to be relieved from the original place of posting that being the District Hospital, Kathua, but still kept the petitioner on hooks by not allowing him to carry on with his duty at District Hospital, Kathua. 31. 30. Thus, it is evident that all the respondents were well aware of the fact that the petitioner was not to be relieved from the original place of posting that being the District Hospital, Kathua, but still kept the petitioner on hooks by not allowing him to carry on with his duty at District Hospital, Kathua. 31. It is in this context that this court, by virtue of an order dated 28.04.2023 read with an order dated 03.08.2023, came forward with the directions to clarify the actual status of posting of the petitioner in the light of the direction given in the interim order dated 25.02.2020 so as to confirm the fact as to how the so-called Order No. MS/DHK/NHM/3982-84 dated 15.02.2020 issued by the Medical Superintendent, Govt. District Hospital, Kathua purportedly relieving the petitioner was served upon the petitioner against the claim that the same was sent by registered post. 32. This Court categorically called upon a clear response from the Medical Superintendent, Govt. District Hospital, Kathua with a particular reference to the fact that as per the office record when the impugned Order No. 226 of 2020 dated 13.02.2020 came to be received by the Medical Superintendent, Govt. District Hospital, Kathua so as to act thereunder for the purpose of relieving the petitioner and other-workers serving in District Hospital, Kathua with immediate effect for enabling them to join the new place of posting. This Court also called upon the respondent No.2 - Mission Director, National Health Mission, Govt. of UT of J&K to place on record the proof of the fact as to when the impugned Order No. 226 of 2020 dated 13.02.2020 came to be dispatched for the notice of all the Medical Superintendents’ concerned as mentioned in the order. 33. The need for the aforesaid direction came into being, as the respondents in their reply as well as objections did not annex supporting record to show as to how the relieving order No. MS/DHK/NHM/3982-84 dated 15.02.2020 was allegedly sent and served upon the petitioner for enabling him to act in compliance and also how the Order No. 226 of 2020 dated 13.02.2020 was dispatched from the office of the respondent No.2-Mission Director, National Health Mission, Govt. of UT of J&K to all the Medical Superintendents concerned who were to give effect to said order. 34. of UT of J&K to all the Medical Superintendents concerned who were to give effect to said order. 34. The requisite clarification solicited by this Court in terms of the aforesaid orders dated 28.04.2023 order dated 03.08.2023 never came into picture by and from the respondents’ end meaning thereby they had nothing to say and clarify with respect to the manner in which the communication of the impugned order as well as relieving order came to take place and still the petitioner was kept deprived of his place of posting in District Hospital, Kathua as per the mandate of interim order dated 25.02.2020 which is a reflective of the mindset that the impugned order was passed not with a bona fide mindset, otherwise the respondents in particular the respondent 2-Mission Director, National Health Mission, Govt. of UT of J&K would not have joined an issue with regard to the matter of implementation and compliance of the Court direction in favour of the petitioner which meant continuation of the petitioner at his original place of posting with District Hospital, Kathua. 35. It is to be kept in notice that the petitioner was supposed to be posted as DEO to the District Hospital, Kishtwar and in his place Arvind Shan posted as DEO (ARSH) in District Kishtwar was join at District Hospital Kathua. Mr. Arvind Shan did not come forward to join District Hospital Kathua before passing of the order dated 25.02.2020 by this Court, meaning thereby the impugned order was not having its immediate effect in terms of its operation, otherwise Mr. Arvind Shan, DEO (ARSH), District Hospital Kishtwar would have reported himself for his new place of posting in District Hospital, Kathua at the earliest, in particular, before this Court came to pass the order dated 25.02.2020. 36. Therefore, in view of the aforesaid, this Court would proceed on the premised fact that the petitioner continued to be at his place of posting in District Hospital, Kathua on the basis of the Court direction and, therefore, entitled to all the benefits accruing on account of his said continuation, notwithstanding the claim of the respondents that the petitioner stood relieved and did not report for his work at District Hospital, Kishtwar. 37. 37. Now, coming to the merits of the case, the respondents have nowhere tried to explain and account for that in the name of “rationalization”, the posting movement of the contractual employees outside their respective native districts as ordered does not amount to transfer. 38. The petitioner is a contractual employee who opted for contractual job on his merit basis for earning fixed amount of remuneration enabling him to report for his duty 24x7 within the confines of his parent district i.e. District Kathua. Had it been so that the petitioner was asked to report to a different medical centre within the District Kathua, then the petitioner could not have been heard to crib about his shuffling or shifting from District Hospital, Kathua to any other Medical/Health Centre within the District Kathua but since in the present case, the petitioner as a contractual employee with fixed remuneration, was asked to go from his parent District Kathua to District Kishtwar without any corresponding addition/increase to fixed monthly remuneration is nothing but an exercise of authority vitiated with malice in law and antithetical to the very scheme of National Health Mission in getting the persons local from the District/Tehsil/Block/Village so as to be in service for running the Health Scheme envisaged under the National Health Mission at a lesser expense for the State so as to ward off a exchequer than what have been the situation in the case of engagement of regular employees working on their regular/ permanent appointment on a higher pay-scale with all the benefits and effects. In fact, even a person regularly appointed in a District Cadre could not have been transferred and posted out of District in the manner in which a petitioner who is contractually employed that too meant for services in District Kathua is meant to be posted out to District Kishtwar. 39. Thus, in light of the aforesaid, this Court cannot accord and extend any validity and legality to the impugned Order No. 226 of 2020 dated 13.02.2020 of the respondent No. 2 - Mission Director, National Health Mission, Govt. of UT of J&K as a so called rationalization but in fact effecting in disguise a transfer of the petitioner from District Hospital, Kathua to District Hospital, Kishtwar in the name of rationalization of staff till further orders. of UT of J&K as a so called rationalization but in fact effecting in disguise a transfer of the petitioner from District Hospital, Kathua to District Hospital, Kishtwar in the name of rationalization of staff till further orders. It is ex facie evident without taxing one’s common sense and understanding to see through the intent of the impugned order that it is nothing but transfer of an employee. During the pendency of this writ petition, the respondents have not come forward with a fresh input that as the arrangement set up in terms of the impugned order was a time specific and has been recalled, meaning thereby the impugned order has remained in operation as on date and that runs contrary to the plea of the respondents that it was a time being arrangement effected by the respondent No. 2 - Mission Director, National Health Mission, Govt. of UT of J&K. How the purported rationalization was i temporary is not forthcoming from the reply/ objections? In fact, what is so called rationalization process is not forthcoming from the reply/objections of the respondent No.2 particularly when it is not the case that District Hospital Kishtwar was having pressing vacancy of DEO (ARSH) and in order to meet the exigency the petitioner was deputed as a stop gap measure. In the light of the aforesaid, this Court by holding that the nature of engagement of the petitioner did not admit of his posting outside his parent/native District Kathua, quashes the Order No. 226 dated 13.02.2020 to the extent it pertains to the petitioner thereby holding him to be in continuation in terms of his posting as DEO (ARSH), District Hospital, Kathua and entitling him for earning all the wage arrears of the intervening period with effect from the date of passing of the Court order dated 25.02.2020 till the passing of this judgment and also henceforth. Writ Petitioner, thus, allowed.