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HC keeps head master's transfer in abeyance
7/18/2014 11:42:28 PM
Jammu, July 18 : Justice Janak Raj Kotwal of J&K High Court Jammu Wing today in a petition filed by Ramesh chander Sharma challenging the transfer order of Head Master High School, after hearing Adv Sudershan Sharma appearing for the petitioner issued notice to the respondents returnable within two weeks and in the mean time subject to objection, transfer order shall remain in abeyance and status-quo as it existed immediately before putting him of the joining report by private respondent shall be maintained.
Justice Janak Raj Kotwal further observed that the matter given its nature, calls for immediate attention and intervention at a level higher than the authority, which has issued the impugned transfer order. Administrative Secretary, therefore, may in the meantime, look into the matter, accord consideration to the impugned transfer order and issue appropriate order having regard to the Government Transfer Policy and inform this Court along with reply to the writ petition.
Petitioner shall furnish a copy of this order along with a copy of the writ petition in the office of Director Education Jammu for its onward submission to Administrative Secretary. Adv Sudershan Sharma, counsel for the petitioner, points out that impugned transfer order, which supposedly has been issued in the month of March, 2014, was neither served on the petitioner nor sent to the school concerned till the school closed for summer vacation. He contends that backdated order has been issued by respondent No. 2 and the private respondent has put his joining report in the school in a hush-hush manner after getting the locks opened during summer vacation without prior information to and in absence of the petitioner and without waiting of the opening of the school after the summer vacation.
Impugned transfer order obviously contravenes the Transfer Policy formulated by the Government qua minimum tenure of posting at a place, which is fixed as two years. The private respondent has put in his joining report four months after the date of issue of the order in an unusual manner without waiting for opening of the school after the summer vacation. JNF
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