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2000 DIGILAW 102 (JK)

Nazir Ahmad Bhat v. State Of J. &K.

2000-05-15

SYED BASHIR-UD-DIN

body2000
1. Petitioner a Sr. Assistant posted since 23-04-1999 in Zonal Education Office Chandanwari Uri, has been transferred to Zonal Education Office Booniyar under order dated 23-05-2000 of Director Education (annexure-B). This order of transfer is impugned in this petition on the ground that his transfer has been ordered prematurely. Besides the order is passed on extraneous consideration and with malice. 2. The impugned order shows that the petitioner is transferred in the interest of administration and that too within one and the same allaqah of District Baramulla. Merely because the petitioner has been transferred within one year of his posting at Chandanwari alleged in violation of Govt. instructions, is no ground to interfere. There is a circular instruction on the record as submitted by the counsel requiring two years stay for an employee of the Education Department at a particular place. Such instructions have (Sic) statutory force. These are merely executive instruction. So long the petitioner is transferred on a transferable post, he has no right to remain at a particular place. Transfer in this case does not violate any legal right of petitioner. In absence of adequate pleas and particulars regarding alleged malafide / extraneous consideration (such platives often used in present day petitions in matters of transfers) hardly carries petitioners case any further. In AIR 1991 SC: 532, it is pointed out:- ...A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instruction or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authority in the Department. If the Courts continue to interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conductive to public interest......� In Mohammad Yaqoob Vs. State and Ors., (SLJ 1984 J&K 167), it is observed: .......Mala-fides have not been clearly set out in the petition. If the Courts continue to interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conductive to public interest......� In Mohammad Yaqoob Vs. State and Ors., (SLJ 1984 J&K 167), it is observed: .......Mala-fides have not been clearly set out in the petition. Though Rule 27 of the Rules, and other Government orders require that an officer should not be transferred before the completion of two years service at a post, they are not rigid rules which cannot be relaxed Transfer orders are a part of the service of every employee....� In result, the writ petition is dismissed in limine.