Early Times Report
Srinagar, July 25: In a petition filed by Mtr. Ateeqa Bano seeking quashment of the Government circular No. 22 GAD of 2018 dated 6th of July, 2018 whereby Govt cancelled the attachments, Justice Ali Mohammad Magrey while dismissing the petition observed that Court does not have the jurisdiction to compel the Government to make the transfer of an employee or extend the deployment of an employee in a particular way or at a particular place.
Justice Ali Mohammad Magrey after hearing both the sides observed that Testing the case on hand on the touchstone of the law as laid down above, what can be stated is that the deployment of the petitioner from District Kupwara to District Budgam was on the ground of her marriage, however, same does not, in any manner whatsoever, confer upon the petitioner a legally enforceable right to claim continuation at the place of her deployment. A hardship resulting from the husband and the wife being posted at different stations may be unavoidable at times, particularly when they belong to different services and one of them cannot be transferred to the place of the other's posting.
Justice Ali Mohammad Magrey further observed that expectations cannot be assumed in abstract. They must have some basis, some rule or policy of the Government and that rules, or policy has to be read and interpreted in the context of the object sought to be achieved by such a rule or policy. The object of the transfer policy declared by the State, vide the impugned circular, is ensuring smooth functioning of the administration, therefore, any policy enumerated in the said Government Circular has to be read in the context of and in conjunction with the object of the declaration.
High Court further observed that from a cursory reading of the preamble of the Circular, it is, thus, clear that the object of the policy, so formulated by the Government, is none other than administrative exigency and smooth functioning of the Government Departme-nts/ Offices.
With these observations High Court dismissed the petition. |
