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2017 DIGILAW 441 (JK)

Dalip Kumar v. State of J&K

2017-07-26

JANAK RAJ KOTWAL

body2017
JUDGMENT : Notice. 2. Mr. Ravinder Gupta, AAG waives notice on behalf of the respondents. 3. Heard learned counsel for the parties. 4. Transfer of the petitioner, an incharge ZEO, from Education Zone, Bishnah, District, Jammu to Education Zone, Sallan, Kathua is challenged on twin grounds, firstly, that the petitioner is retiring from Government service within the period of less than one and half years, exactly on 30.08.2018 and secondly, that petitioner has to look after his specially abled son, which is evident from the annexure-C. It is, however, admitted that the impugned transfer order dated 29.06.2017 has been implemented on 22.07.2017 when the petitioner has been relieved from his present place of posting. 5. Clause 11 of the Transfer Policy issued by the Government vide No. 622-Edu of 2015 dated 22.12.2015 provides that subject to the availability of post, officials with specially abled children would be posted at a place near to their place of residence and Clause 12 provides that the officials attaining age of superannuation within one year, shall be preferably posted at a place close to where they intend to settle down after retirement. 6. Petitioner’s grievance deserves consideration in light of the aforementioned provisions of the Transfer Policy. 7. Having regard to the facts and circumstances of the case and with the consensus of both the sides, this writ petition is admitted to hearing and disposed of by providing that petitioner shall make a detailed representation, supported with documents, to the Administrative Secretary, herein respondent No. 1, who shall accord consideration thereto and take appropriate decision, preferably within two weeks after petitioner produces a copy of this order along with a copy of the representation with supporting documents in the office of respondent No. 1, which be done within four days hereafter. 8. Till a decision on the representation is taken, petitioner shall report to the Director, School Education, Jammu, herein respondent No. 2 and shall be allowed to continue there Disposed of.