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| Transfer of Senior against junior post challenged | | HC stayed the operation of transfer order | | Jammu | January 27
Vacation Judge of J&K High Court Jammu wing Justice JP Singh stayed the transfer order of Senior X-Ray Technician of Chopra Nursing Home to be BMO Kot-Bhalwal against the post of Junior Technician.
Petitioner Popinder Singh a senior X-Ray Technician in the pay-scale 6700-10, 700/- has been transferred against the post of X-Ray Assistant carries pay-scale of Rs 3050-4910, which is a two steps lower to the post of Senior X-Ray Assistant challenged on account of malafide intention.
During the course of arguments Sr. Adv DC Raina appearing for the petitioner submitted that the order impugned is unsustainable in law as the same runs counter ad contrary to the settled legal position under Article 37 (1) of J&K Civil Services Regulations, a Govt servant cannot be transferred to a post carrying less pay than the pay of the post on which the Govt servant hold lien except on his own request or on account of misbehavior as such the order impugned is bad, illegal unconstitutional, contrary to the statutory provisions and legal rights of the petitioner and deserves to be quashed.
Justice JP Singh after hearing Sr. Adv DC Raina issued notice to respondents and in the meanwhile operation of order dated January 18, 2007 issued by Principal Govt Medical College Jammu, in so far as it pertains to the posting of petitioner Popinder Singh and order dated January 19, 2007 issued by Deputy Medical Supt shall remain stayed till next date of hearing. JNF
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