Roqiya Banoo vs Union Territory Of Ladakh & Ors.

By Hon’ble Mr. Anand Mathur, Member (A)

Mr. S.A. Makroo, Sr. Advocate, learned counsel for the applicant, and Mr. Tahir Samsi, learned counsel for the respondents are present.

At the outset learned counsel for the applicant stated that the applicant is aggrieved of order bearing No.DSWO/Kg/UTL/2022-23/301-307 dated 20.05.2022 by virtue of which the applicant has been transferred by way of detachment from the post of Tehsil Social Welfare Officer in the office of Hon’ble Executive Councilor, Social Welfare Ladakh Autonomous Hill Development Council (LAHDC) Kargil and has been directed to be transferred as Tehsil Social Welfare Officer Zanskar with his placement/posting as Tehsil Social Welfare Officer Zanskar. The order has been passed by an authority which is not competent to do so, it is in blatant violation of the transfer policy issued vide order no. 47-LA(GAD) of 2020 dated 31.07.2020. Moreover, the order is in violation of an earlier court order.

Learned counsel for the respondents, on the other hand, stated that the OA is premature, inasmuch as, no transfer order has been issued as yet. Hence, no cause of action has accrued to the applicant and it is only the apprehension of the applicant regarding her transfer. Moreover, the applicant has been on attachment for the last nine years at Kargil and cannot claim to continue there as a matter of right.

On hearing the contention of both the learned counsel, we find that the impugned order dated 10.05.2022 is an internal communication between two functionaries of the government by which the District Social Welfare Officer, Kargil is making a request to the Deputy Commissioner/CEO, LAHDC, Kargil to discontinue the attachment of the applicant. No transfer order has been issued as yet. Therefore, in absence of any transfer order it is a premature application and is liable to be dismissed on this count alone.

The OA is accordingly dismissed, being premature.

No order as to costs.