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2016 DIGILAW 644 (JK)

Jasbir Singh v. State of J&K and Ors.

2016-12-08

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. It is a case of transfer. Writ petition is of the year 2015. 2. Petitioner has filed the writ petition for the following relief-- (i) Quash the Govt. Order No. 07 GAD (CAMP) of 2014 dated 17.09.2014 passed by the respondent No. 1 by virtue of which the transfer order of the petitioner being rescinded in the most arbitrary and unlawful manner in violation of the transfer policy dated 28.07.2010 as sit has been passed without any application of mind. (ii) Quash circular No. 36-GAD of 2014 dated 24.09.2014 issued by respondent No. 1 in order to overreach the orders passed by the Hon’ble Court. (i) Direct the respondent No. 5 not to relieve the petitioner from his present place of posting i.e. HSS (Boys), Bakshi Nagar, Jammu at the strength of order dated 17.09.2014 the same being illegal, arbitrary and ultra-vires the service law of the State. (ii) With a further direction to respondent No. 5 to release the salary of the petitioner in his favour for the time period he is continuing his services at HSS (Boys), Bakshi Nagar, Jammu. (iii) Any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents, in the interest of justice. 3. When the matter was taken up today for hearing, none appeared for the petitioner. 4. An interim order has been passed on 06.02.2016-- 5. The petitioner, by virtue of interim order is continuing on the said post as of now. 6. According to the petitioner, the authority has erroneously posted the petitioner and the order of transfer is contrary to the Circular. He states that he should not be relieved from the present place of posting. 7. In view of the judgment rendered by a Full Bench of this Court in case Syed Hilal Ahamd and ors. v. State of J&K and ors., decided on 31.08.2015, it will not be appropriate for this Court to allow the petitioner to continue on interim order. The respondents authority has to consider the case of the petitioner for appropriate posting and that will meet the ends of justice. 8. In this view of the matter, the petitioner is at liberty to make a representation to respondent Nos. The respondents authority has to consider the case of the petitioner for appropriate posting and that will meet the ends of justice. 8. In this view of the matter, the petitioner is at liberty to make a representation to respondent Nos. 2 and 3 within a period of two weeks from the date of receipt of copy of this order for posting appropriately. The authority shall accord consideration within a period of two weeks thereafter. 9. Till such time a consideration order is passed, present position of the petitioner need not be disturbed, if the petitioner is still continuing as per interim order of Court. 10. The writ petition is accordingly disposed of as above.