Mohinder Nath v. Secretary of Government Power Development Department, Civil Secretariat, Srinagar/Jammu
2015-04-08
DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR
body2015
DigiLaw.ai
Judgment : N. PAUL VASANTHAKUMAR, C.J. 1. This LP Appeal is preferred against the order dated 9.2.2015 made in SWP No.1602 of 2013 wherein the appellant had challenged the order of transfer dated 17.7.2013 passed by the second respondent herein, in and by which the appellant was transferred and posted as Senior Assistant of Inspection Division, Jammu, in the place of 4th respondent, who was transferred and posted as Senior Assistant, EM and RE Wing (ED), Kathua. 2. The learned Single Judge dismissed the writ petition against which this appeal is preferred. 3. The main contention of the appellant is that the appellant was holding the post of Senior Assistant in the office of the EM and RE Wing (ED), Kathua, which is a divisional cadre post and he being a divisional cadre staff, cannot be transferred in the state cadre post, which is prohibited under Rule 23 of the J&K Civil Services Decentralisation and Recruitment Rules, 2010 and only to accommodate 4th respondent, the order of transfer was passed, which is a statutory violation and the transfer order is bad. 4. During the course of arguments, the violation of above said rule was pointed out, and this Court questioned the stand of the learned counsel appearing for respondents 1 to 3 as well as 4th respondent on the said aspect. Both the counsel suggested that the second respondent may be directed to reconsider the transfer order passed on 17.7.2013, bearing in mind Rule 23, within a given time. 5. The learned counsel for the appellant is also satisfied with the said submission made by the learned counsels for respondents 1 to 3 and 4 and further submitted that the appellant will not object the transfer, if he is transferred to any Divisional Cadre Post. 6. In the light of the consensus arrived at as stated supra, the impugned transfer order dated 17.7.2013 is set aside and the second respondent is directed to pass fresh orders, considering the rule position, within a period of four weeks from the date of receipt of copy of this order. 7. This LP Appeal is disposed of accordingly. No costs.