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Judgment
HIGH COURT OF JAMMU AND KASHMIR
Caveat No.3695/2018
Heard the learned counsel for the caveators/respondents.
Caveat is discharged.
SWP No.1881/2018,IA No.1/2018
Heard.
Petitioner has assailed the Government Order No.100-Agri of 2018 dated 28.03.2018 to the extent he was sought to be transferred to Kargil; Government Order No.248-Agri of 2018 dated 07-09-2018, so far as it pertains to the petitioner whereby earlier order of transfer of the petitioner has been rescinded abintio and the relieving order of the petitioner No.Agri/DAJ/Estt.PF.2018/5001-03 dated 10.09.2018. The contention of the learned counsel for the petitioner is that vide Government Order No.100-Agri of 2018 dated 28.03.2018,petitioner was placed as Incharge District Agricultural Officer/Equivalent (Class-V) in Agriculture Department (with Charge allowance) in his own pay and grade and consequent upon his promotion as District Level Officer, he was posted as I/C Assistant Agrostologist, Kargil vice Shri Fayaz Ahmed Hajjan, but due to health condition of the petitioner he was not relieved and was allowed to perform his duties in the Directorate of Agri., Jammu. Further grievance of the petitioner is that his transfer to Kargil is in violation of the revised transfer policy for Leh and Kargil issued vide Government Order No. 20-LA of 1999 dated 16.06.1999. As per clause 6.1 of the said policy the junior most employees having minimum three years service in the Department are required to be posted to Ladakh/Kargil. It is stated that, despite clear policy, the petitioner has been arbitrarily picked up from the middle of the seniority and transferred to Kargil, knowingly well that he had already served in Leh District for two years from 1995 to 1997. Another submission of the learned counsel for the petitioner is that petitioner is at the fag end of his service as he is 58 years of age and at this stage of his service, it is not appropriate to transfer the petitioner in Kargil.
Notice in the main as well as in the IA. Mr. Aseem Sawhney, learned AAG waives notice on behalf of the respondents.
List in the week commencing 29-10-2018.
Meanwhile, subject to objections and till next date of hearing before the Bench, impugned Government Order No.100-Agri of 2018 dated 28.03.2018 and Government Order No.248-Agri of 2018 dated 07-09-2018, so far as these pertain to the petitioner as also his relieving order No.Agri/DAJ/Estt.PF.2018/5001-03 dated 10.09.2018 are stayed. Alteration/modification on motion.