High CourtsSingle Bench(1984) 05 J&K CK 0005

Mohamad Yakub vs State and Ors.

Jammu And Kashmir High Court · Decided on 24 May 1984 · Citation: (1984) SriLJ 197

HON’BLE JUDGES
V.Khalid, C.J
CASE NUMBER
Writ Petition No. 330 of 1984

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Judgment

13 paragraphs · 271 words

Annexure ""1"" Order dated 2151984, transferring the petitioner, who is at present senior Accountant Electric Machinical Division, Srinagar, and

posting him as assistant Treasury, Srinagar, is under challenge in this writ petition.

1.

The petitioner submits that he was transferred from Leh to Srinagar only on 19101983 and that it is after a period of sue months that the present

transfer order has been passed.

2.

The grounds urged in the petition against the order are that it contravene the standing Govt. order under which no government servant can be

transferred room a post before the completion of two years service at that post, that it is in violation of Rule 23 of the Jammu and Kashmir Civil

Services (Classification Control, and Appeal) Rules, 1956, that it has been passed arbitrarily and with male fideds for collateral puropses and that

it offends the principles of natural justice.

3.

I am not satisfied with the grounds urged in the petition s to quash the order of transfer. Malefides have not been clearly set out in the petition.

Though Rule 27 of the Rules, and other Government orders require that an officer should not be transferred before the completion of two years

service at a post, they are not rigid rules which cannot be relaxed. Transfer orders are passed in the exigencies of service and transfers are a part

of the service of every employee In the absence of any valid ground in the petition. I do not feel persuaded to issue notice in this writ petition to

hear the other side. The writ petition has, therefore, to fail and is accordingly dismissed