High CourtsDivision Bench(2021) 07 J&K CK 0024

Parveen Akhter vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 28 July 2021

HON’BLE JUDGES
Pankaj Mithal,CJ · Sanjay Dhar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 1408 Of 2021

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Judgment

11 paragraphs · 230 words
1.

Heard Sh. Sachin Gupta, learned counsel for the petitioner.

2.

The petitioner is working as Election Assistant (Senior Scale) in the office of the Deputy Chief Electoral Officer, Kashmir. On the apprehension

that she is likely to be transferred to Jammu, she submitted a representation which was rejected. Accordingly, she preferred an Original Application

before the Central Administrative Tribunal seeking stay of her transfer and a direction that she may not be disturbed from his present place of posting.

3.

The Tribunal by the impugned order dated 2nd July, 2021 dismissed the OA on the ground that the petitioner has not yet been transferred and the

application is based on mere apprehension.

4.

Learned counsel for the petitioner could not show us any order by which the petitioner has been transferred to Jammu.

5.

In view of the above, we are also of the opinion that the petitioner has prematurely approached the Tribunal seeking that she may not be disturbed

from her present place of posting. The Tribunal, as such, has rightly held that the application of the petitioner is based upon apprehension.

6.

In view of the aforesaid facts and circumstances, we are of the opinion that the petition is misconceived and devoid of merit which is accordingly

dismissed expecting that transfer order, if any, shall be in accordance with the policy in vogue. integrity of this document