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2001 DIGILAW 312 (JK)

Zahoor Ahmed Khan v. Chairman, Kamraz Rural Bank

2001-11-29

SYED BASHIR-UD-DIN

body2001
1. Petitioner, Cashier-cum-clerk in Kamraz Rural Bank Sopore, has been deputed to perform his duties, as such Cashier-cum-clerk at the Bank Branch, Arindardpora. This order dated 27.08.2001 (Annexure - A) is impugned. Respondent has filed reply. 2. Heard. 3. Petitioners challenge to this order is that the above impugned order has been passed malafide in as much as the petitioner has been litigating with the respondent-Bank, (petitioners employer) for long. 4. In their objections the respondent has refuted the allegations of malafides. It is stated that the petitioner has been transferred in routine and in the interest of administration. Besides, it is stated that the petitioners transfer order (followed by the impugned posting order) has been in fact passed on 18.08.2001 (Annexure R1). The counsel submits that transfer order is not under challenge. Further, it is stated that the petitioner has moved the representation before the Bank for settlement of period on Medical leave, in which he has shown that he has joined at the new place of posting (Annexure - R2). 5. From the pleadings of the parties, it cannot be concluded that petitioner has been posted to the Arindarpora Branch of the Bank malafide. The order of transfer-cum-positing is truncated only to challenge posting part of this order and leaving intact the transfer order so as not to challenge the same in writ petition. The writ petition cannot succeed. Besides, the transfer is a routine and incident of service. So long an employee is posted on a transferable post, he cannot grouse his transfer order by the competent authority provided the transfer is not malafide or in excess or lack of jurisdiction or passed by incompetent authority. This case answers none of the descriptions where the order can be said to be vitiated. 6. While dismissing the writ petition in limine, it is noted that petitioner is at the fag end of his service and the learned counsel submits that he has other humanitarian and family problem which the petitioners counsel submits do not allow him to be away at such far of place at Arindarpora. However, all these matters ought to be addressed to the employer (competent authority) and not to this court. In the event of the petitioner making representation, the Competent authority it is hoped would consider the matter and take appropriate action. However, all these matters ought to be addressed to the employer (competent authority) and not to this court. In the event of the petitioner making representation, the Competent authority it is hoped would consider the matter and take appropriate action. Unpaid/undisbursed salary, if any, due to the petitioner shall also be disbursed in accordance with the applicable rules. 7. Disposed of.