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2017 DIGILAW 598 (JK)

S. Sarabjeet Singh v. State

2017-08-10

JANAK RAJ KOTWAL

body2017
JUDGMENT : 1. Heard learned counsel for the parties and perused the record. 2. Vide Order No. DG-YSS/Estt/1801-04 dated 18.05.2015, respondent No.5, Surinder Singh, I/C Physical Education Lecturer, was transferred to the Government SRML Higher Secondary School, Jammu vice petitioner, Sarabjeet Singh, who was transferred to the Boys Higher Secondary School, Bishnah against a vacant post. The petitioner challenged his transfer order in SWP No. 1597/2015 and this Court on 28.05.2015 as interim measure kept the order in abeyance. It is admitted that because of the interim direction issued by this court the transfer order was not implemented. By another Government Order No. 46-Edu (YSS) of 2017 dated 28.04.2017, petitioner has been transferred from SRML, Higher Secondary School, Jammu to Higher Secondary School, Paragwal against a clear vacancy. Petitioner has challenged this order in SWP No. 1053/2017 and the order has been stayed by this court vide order dated 01.05.2017. 3. The position now arising is that petitioner continues at the same place since prior to May, 2015 on the strength of the aforementioned interim directions issued by this Court. Petitioner challenged his transfer from Government, SRML Higher Secondary School to the Boys Higher Secondary School, Bishnah on the ground that the Director General, Youth Services & Sports Department, therein respondent No.3, was not competent to issue the transfer order in view of the communication dated 13.05.2015 of the concerned Minister, whereby all the Administrative Secretaries/HOD’s were directed not to order any transfer/posting of any officer/official at any level without the prior concurrence of the Hon’ble Minister. He challenges his transfer to the Higher Secondary School, Paragwal on the ground that the order is bad for having been issued during currency of the interim direction in SWP No. 1597/2015. 4. The challenge to the impugned transfer orders no more survives for the reason that the petitioner has now completed a tenure of much more than two years at the same place, that is, since prior to 2015 and on this score alone both these writ petitions deserve dismissal. 5. On merits, the competence of the Director General, Youth Services & Sports Department to transfer a lecturer is not disputed. The communication coming from the office of the Minister cannot be given effect by this court to set aside the transfer order. 5. On merits, the competence of the Director General, Youth Services & Sports Department to transfer a lecturer is not disputed. The communication coming from the office of the Minister cannot be given effect by this court to set aside the transfer order. Likewise, the interim direction issued in SWP No. 1597/2015 has its effect in backdrop of the plea on which transfer in that case was challenged and cannot be taken as a bar to the transfer of the petitioner to any other place. 6. Viewed as above, both these writ petitions are now dismissed and interim directions shall stand vacated. In the course of hearing of these writ petitions, petitioner produced copy of order No. Dir-YSS/Estt./11672-76 dated 28.02.2017 issued by the Directorate of Youth Services & Sports Department to show that the vacancy in Government Higher Secondary School, Paragwal, Jammu against which the petitioner has been transferred stands filled up by virtue of this order. If it is so, the petitioner, after he is relieved from Government SRML Higher Secondary School, Jammu, shall report to the office of the Directorate of Youth Services & Sports, Jammu, who shall issue order for his further posting. 7. Disposed of.