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2017 DIGILAW 726 (JK)

Khurshid Ahmed v. State of J&K

2017-08-24

JANAK RAJ KOTWAL

body2017
JUDGMENT : Heard. 1. Vide Government order No. 63ASH of 2017 dated 28.04.2017, petitioner was transferred from the post of the Livestock Development Officer, Kishtwar to the post of Livestock Development Officer, Doda. Petitioner challenged this order in SWP No. 1106/2017. A learned Single Bench of this Court disposed of the writ petition vide order dated 04.05.2017 directing respondent No. 1 to decide the representation submitted by the petitioner by a speaking order and till the representation is decided, to allow the petitioner to continue as his duty at Kishtwar. Petitioner’s representation came to be decided and found without merit by respondent No. 1 vide his order dated 22.06.2017. Petitioner again challenged the order dated 22.06.2017 in SWP No. 1626/2017. A learned Single Bench of this Court disposed of that writ petition vide order dated 07.07.2017 by issuing a direction to the respondents to consider the claim of the petitioner again and maintain status quo till a speaking order in this regard is passed. Respondent No. 1 has again rejected the representation of the petitioner vide his order dated 11.08.2017 taking the view that the officer has been suitably transferred and adjusted at District Headquarter, Doda, which is the nearest place of posting from his home district. Pursuant to passing of his order, petitioner has been relieved from Kishtwar and has been directed to report to the Chief Animal Husbandry Officer, Doda till further orders. 2. In this writ petition, petitioner challenges order dated 11.08.2017 (supra) and the relieving order dated 16.08.2017. The additional ground taken by the petitioner in this writ petition is that the vacancy against which petitioner has been posted at Doda has been filled up by respondent No. 1 vide Government order No. 97ASH of 2017 dated 28.07.2017 as one Dr. MayanUdDin has been posted as I/C Superintendent, DVH, Doda. 3. This case coming up today, learned Government Advocate passes on copy of the joining report, whereby the petitioner, pursuant to his relieving order joined at Doda on 21.08.2017, which is taken on record. The order dated 11.08.2017 has been passed by respondent No. 1 with speaking reasons and there is no reasonable ground for showing any indulgence in transfer of the petitioner from one district headquarter to adjoining headquarter against an equivalent post. The transfer has been given effect to by relieving the petitioner. The order dated 11.08.2017 has been passed by respondent No. 1 with speaking reasons and there is no reasonable ground for showing any indulgence in transfer of the petitioner from one district headquarter to adjoining headquarter against an equivalent post. The transfer has been given effect to by relieving the petitioner. However, the subsequent development having taken place with the filling up of the post at Doda, against which petitioner has been transferred to, has been noticed. The Administrative Department should make appropriate modification to meet the said development. 4. For the aforementioned, this writ petition is dismissed as far as relief sought by the petitioner is concerned. It is, however directed that the Administrative Department, herein respondent No. 1, shall forthwith issue order to meet the situation having arisen due to filling up of the post at Doda. Disposed of.