1) Petitioner has been transferred to Keller (A) from Drobgam Centre as Store Keeper under orders of Director Food and Supplies Department Srinagar on 16-03-2000 (Annexure-A). The subsequent orders dated 1-6-2000 and 6-6-2000 (Annexure B&C) of Dy. Director Food and Supplies Kashmir in effect have no bearing on this transfer. 2) Through this petition, petitioner Storekeeper is seeking a direction to Assistant Director. Food and Supplies Department, District Pulwama Respondent no. 4 to relieve respondent no. 5 (petitioners predecessor) and a further direction to latter, respondent no. 5 to handover the charge to petitioner. 3) Heard. 4) What the petitioner is striving for in this writ petition falls within the realm of administrative control and enforcement of discipline occasioned by misconduct on non-compliance with an administrative order by the affected employee(s). The issues raised here can hardly be basis for exercise of writ jurisdiction. No service or other rights of petitioner are violated. It may confer a benefit of transfer on an employee, but confers no right in him or obligates the respondents to rush through to implement such an order When a lower rung officer fails to comply with-order of transfer of a Superior Officer, the proper course for the affected employee is to approach the concerned superior officers, if the discipline and control in the service is to be maintained. Non-implementation of a transfer order with failure to take follow-up action, is a matter that should be left for correction of abrasions of misconduct and plugging of indiscipline to the Controlling Officer/ Competent Authority. To maintain discipline in the service and to control its employees, the Govt. and its high-ups in the bureucracy has to ensure that "its orders are" carried out and implemented. Petitioner should be better placed, if he represented to superior officer(s) against the alleged inaction of his immediate superior and go slow tactics of his predecessor-in-office at Kellar (A) sales point of Food and Supplies Department. In SWP 1883/99, titled Sonaullah Dar Vs. State and Others decided on 1-12-1999 in the context of projected grievance of non-implementation of an order of transfer on deputation. I observed: - ".......... The relief of implementation is such an order of an employee inter departments of Govt. cannot be countenanced by the writ court, in so far as no legal rights of petitioner have been isolated.
State and Others decided on 1-12-1999 in the context of projected grievance of non-implementation of an order of transfer on deputation. I observed: - ".......... The relief of implementation is such an order of an employee inter departments of Govt. cannot be countenanced by the writ court, in so far as no legal rights of petitioner have been isolated. It may confer benefit on petitioner, but creates no rights in his favour. There is no obligation or duty cast on the respondents to rush through to implement such an order. Though petitioner has represented before respondents 2 and 3, he should have been better placed by making representation against the alleged in-action of concerned officer (s) to his/ their high-ups qua implementation of the order of the State Govt. (respondent no. 1), which has issued the order. After all implementation of its orders is prime concern and responsibility of the Govt. It is for the Govt. to look after its interest and to sub-serve interest of its administration. As custodian of public interest, the Government has to ensure that its orders are carried out and honoured by its officials, including middle and lower rung officers, faithfully as committed disciplined members of the services...". 5) In result, in the overall facts and circumstances of the case, writ petition is dismissed in limine.