ANJU SUDAN vs STATE OF JAMMU & KASHMIR AND OTHERS

The petitioner in this petition has called in question order No.ZEO/D/446 dated 25.05.2018 issued by respondent No.4 whereby the petitioner who

was deployed in Primary School, Shah Jamal has been detached and sent to her original place of posting i.e. Middle School, Chapper. The order has

been challenged on the ground that the Zonal Education Officer has no competence to pass such orders and the competence to transfer the teachers

within the District lies in Chief Education Officer.

Having heard learned counsel for the petitioner, I find that the petitioner who was serving as teacher in Govt. Middle School, Chapper was

temporarily deployed in Primary School, Shah Jamal on need basis for proper utilization of her services. She was continuing on the aforesaid post but

due to the latest policy of the department of education issued on 04.04.2018, the Government decided to do way with all attachments and ask the

incumbents to go to their original place of posting. Even in the impugned order, the Zonal Education Officer has made reference to the order issued by

the Chief Education Officer vide his No.CEOR/PS/2018-19/494-99 dated 25.05.2018.Â

Needless to say that transfer is an exigency of service and in terms of Rule 27 of the Jammu & Kashmir Civil Services (Classification, Control and

Appeal) Rules, 1956, a person can be transferred anywhere in the State in the cadre to which he belongs. In the instant case the petitioner was not

even transferred to Primary School, Shah Jamal but was actually deployed that too on temporary basis. The petitioner, therefore, did not acquire any

right to be there for all times to come. It is for the respondents to decide as to where the services of a particular employee can be best utilized.

Pursuant to the policy decision taken to detach all the employees deployed temporarily and in light of the instructions of the Chief Education Officer,

Rajouri dated 25.05.2018, the Zonal Education Officer has passed the order impugned. I do not find any infirmity in the order impugned.

Accordingly, the writ petition is found to be devoid of any merit, hence dismissed along with connected MP. It is, however, made clear that the

petitioner after having been regularized as general line teacher cannot be treated differently from the teachers who have been recruited through the

Services Selection Board or by way of promotion. The post held by the petitioner is of course transferable and petitioner can be transferred anywhere

in the district in the interest of administration.