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Judgment
The appeal is admitted for hearing and with the consent of learned counsel for the parties, the same is heard finally.
In this intra Court appeal, the appellant has assailed the validity of judgment/order dated 24.08.2018 passed by the learned Single Judge in SWP
No.1692/2018.
The facts giving rise to the filing of the instant appeal briefly stated are that the appellant is working as Naib Tehsildar in Revenue Department. The
respondent No.2 in the month of April, 2018 passed an order by which the appellant was transferred to Latti and by virtue of the said order the
respondent No.6 was also transferred from Ramnagar to Latti. However, the respondent No.6 did not join on the aforesaid place of posting.
Thereafter, respondent No.2 again passed an order dated 16.08.2018 by which the appellant and the respondent No.6 were directed to swap their
place of posting. It is further submitted that the appellant is going to be superannuated on 31.03.2019. The appellant has challenged the validity of
order dated 16.08.2018 before the learned Single Judge. The learned Single Judge vide order dated 24.08.2018 disposed of the writ petition inter aliaon
the ground that the order of transfer does not suffer from any illegality and in case the petitioner files a fresh representation, the same shall be decided
in accordance with law. It is also submitted that in pursuance of the order dated 16.08.2018, the appellant has not been relieved from Ghordi and is still
performing his duties at the aforesaid place. It is further submitted that till the representation submitted by the appellant is decided by the appropriate
authorities, he may be permitted to continue to perform his duties at the present place of posting.
Learned counsel for the respondents submits that in case the appellant has not been relieved as on today, he shall be permitted to perform his duties till
the representation submitted by the appellant is decided by the competent authority.
In view of the submissions made and in the facts of the case, we deem it appropriate to dispose of the appeal with a direction to the respondents that
in case the appellant files a fresh representation with regard to his grievance before the competent authority within one week, the same shall be
decided by the competent authority in light of the law laid down by this Court in case titled Tahira and ors vs State and ors, 2003(3) JKJ 345 HC by
speaking order within a period of four weeks from the date of receipt of said representation.
Till the representation is decided by the competent authority, the appellant shall be allowed to continue at the present place of posting in case he is not
relieved and is still performing his duties on the aforesaid place.
In view of the above, the order passed by the learned Single Judge dated 24.08.2018 passed in SWP No.1692/2018 is modified. Accordingly, the
appeal is disposed of along with connected IA.