ROMESH SINGH vs STATE OF JAMMU & KASHMIR AND OTHERS

This appeal is directed against the judgment dated 05.06.2018 passed by a learned Single Judge of this Court in SWP No.680/2018, whereby the

writ petition filed by the appellant challenging his transfer order issued by respondent No.1 vide Government Order No.252-PW(R&B) of 2018 dated

06.04.2018 has been dismissed.

Having heard learned counsel for the parties and perused the judgment of the writ Court, we are of the opinion that the judgment impugned does not

call for any interference.

Vide Government order No.520-PW(R&B) of 2017 dated 29.12.2017, the appellant who was working as Incharge Assistant Executive Engineer

(Civil) in R&B Division Udhanpur, Sub Division Barmeen was transferred and attached in the office of Chief Engineer, Jammu and in his place

respondent No.4 was posted. The appellant assailed the aforesaid order of transfer and attachment in SWP No.44/2018 in which this Court while

issuing notice to the respondents stayed the operation of the order impugned providing, however, that the respondents shall not be precluded from

posting the appellant against any available vacant post in the interest of administration. Taking note of the aforesaid interim order dated 11.01.2018

passed in SWPNo.44/2018, respondent No.1 vide Government Order No.252-PW(R&B) of 2018 dated 06.04.2018 posted the petitioner as Technical

Officer to Special Sub Division, Gandoh against available vacancy.

The aforesaid order was challenged by the appellant in SWP No.680/2018 primarily on the ground that by posting him as Technical Officer to

Special Sub Division, Gandoh he has been reduced in rank. It is claimed by the appellant that he is holding the post of Incharge Assistant Executive

Engineer (Civil) for the last more than 10 years and therefore, cannot be posted as Technical Officer which is a post equivalent to the Assistant

Engineer as provided in The Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978.

On the other hand, learned Senior Additional Advocate General appearing for the State-respondents states that in view of the provisions of SRO

297 dated 14th September, 2006 the Schedule annexed to the Rules of 1978 has been amended and post of the Technical Officer in Special Sub

Division, Gandoh has been made equivalent to the post of Assistant Executive Engineer. He further submits that by posting the appellant as Technical

officer to Special Sub Division, Gandoh, his rank has not been reduced.Â

Mr. H.A.Siddiqui, learned Sr.AAG assures this Court that his position as Incharge Assistant Executive Engineer (Civil) shall not be affected by his

posting as Technical officer to Special Sub Division, Gandoh and he will continue to enjoy all the benefits attached to the post of Assistant Executive

Engineer.

In view of the statement made by learned senior Additional Advocate General, we find no reason to interfere with the order of the Writ Court.

Accordingly, no substance is found in the appeal, hence same is dismissed along with connected MPs.