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| HC directs Secy RDD to reconsider posting of XEn at Ramban | | | Early Times Report
JAMMU, Dec 29: In a petition filed by Ashok Kumar Pargotra seeking quashing of the order dated 16.08.2018, whereby he was transferred from the post of Incharge Executive Engineer, Rural Engineering Wing (REW), Samba to the post of Incharge Executive Engineer, REW, Ramban.
Justice Rajesh Bindal of J&K High Court Jammu Wing after hearing Adv Abhinav Sharma for the petitioner whereas Arshad Majid Malik for the State observed that there is no dispute on the fact that any policy framed by the State for transfer of employees is not justifiable. It is meant for administrative convenience. There had been transfers of the petitioner after short durations, however, one of them in between was on the request of the petitioner. Though no specific date of superannuation has been given in the writ petition, learned counsel for the petitioner claims that petitioner is due to retire in next one and a half years. Hence, it is not where he has to retire within next few months. The petitioner belongs to Jammu. He is working on a senior Class-I post i.e. Executive Engineer. He has been transferred from Samba to Ramban vide impugned order dated 16.08.2018. In my opinion, the order of transfer of the petitioner does not call for any interference, merely because he claims that in less than one year he had been transferred from Samba to Ramban. However, it needs interference only on the ground that admittedly at Ramban the petitioner faced threat to his life. He was provided security and even FIR was also registered. This fact has not been disputed. Therefore, the authorities need to re-consider the place of posting of the petitioner to a place other than Ramban. Let the needful be done positively within a period of two weeks from the date of receipt of copy of this order. Till such time, the petitioner shall be allowed to continue at the present place of posting.
Court further made it clear that if the order of this Court is not complied with, the Secretary to Government, Rural Development Department, may be personally responsible for non-compliance thereof.
--(JNF) |
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