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Judgment
Petitioner is working as Head Assistant in respondent department and presently posted in the office of Executive Engineer, Sub Transmission
Division, Bemina, Srinagar (respondent no.4). It is pleaded that some five months back, vide Order no.CE/M&RE/86 of 2017 dated 7.7.2017,
respondent no.3, who is also Head of the Department of respondent department, effected transfers, which included petitioner, whereby petitioner
was transferred to Sub Transmission Division Ganderbal. Further submission in writ petition is that vide order no.CE/M&RE/255 of 2017 dated
24.11.2017, again transferred petitioner from Sub Transmission Division, Ganderbal, to Sub Transmission Division, 1st Srinagar. However, only
after four days, respondent no.2, according to petitioner, without having any jurisdiction, has issued order no.275-DCP of 2017 dated
29.11.2017, transferring petitioner from present place of posting. It is this order, of which petitioner is aggrieved and throws challenge thereto on
the grounds set out in writ petition on hand.
Learned counsel for petitioner states that respondent no.2 has exceeded his jurisdiction while issuing order, impugned in the petition, inasmuch
as it is within the domain of respondent no.3 to pass such orders. Learned counsel for petitioner, in his last limb of arguments, states that petitioner
would feel satisfied in the event writ petition is disposed of directing respondent no.1 to give a fresh look to the case of petitioner and till such
consideration is accorded, petitioner may be allowed to perform her duties at present place of posting. To this, learned counsel for respondents
states that petitioner''s case would be considered in strict accordance with rules governing the field.
Writ petition, in view of grounds urged coupled with submissions made by learned counsel for parties, is disposed of with a direction to
respondent no.1 to give a fresh look to the case of petitioner qua order no.275-DCP of 2017 dated 29.11.2017 issued by respondent no.2 and
pass appropriate orders, accordingly, in light of averments made in petition, annexures appended thereto within a period of ten days from the date
certified copy of this order is served upon respondent no.1. Till then status quo as on date be maintained. Disposed of.