STATE TIMES NEWS
JAMMU: Justice M.K Hanjura of State High Court (HC) on Saturday rejected a petition filed by Zahoor Ahmad Farooqi challenging the impugned order of transfer bearing No. 99-JKHC of 2015 dated July 24, 2015 and seeking quashment of the same.
The petitioner has also implored for the grant of relief of the issuance of a writ, order or direction, including the one in the nature of prohibition commanding the respondents to forebear from giving effect to the impugned order of transfer so far as the same relates to the petitioner and one of the respondents as also commanding the respondents to frame a transfer policy. The petitioner has pleaded in the petition that out of a total service career of 30 years, he was posted outside J&K for a period of 21 years and, therefore, the order of his transfer from the Head Office and posting him as Incharge Kashmir Government Arts Emporium, Lucknow Branch, is not only motivated by ulterior considerations but has also been issued without any transfer policy. Respondent No.4, who has been ordered to be placed in the place of the petitioner has throughout his service career remained posted at the headquarters and has not served the corporation outside the State of J&K even for a single day.
While rejecting the plea, the HC held that courts are always reluctant in interfering with the transfer of any employee unless such transfer is vitiated by violation of some statutory provisions or suffers from mala-fide. “Transfer of a Government servant may be due to exigencies of service or due to administrative reasons, the courts cannot interfere in such matters”, the HC observed.
The petitioner has further contended that the impugned order is prejudicial to the interest of petitioner in as much as he is sick and is suffering from various ailments, including Diabetes which has made him a chronic patient dependent on regular medical advice.
Justice M.K Hanjura after hearing both the sides observed that taking into consideration the preceding analysis, the petitioner cannot challenge the impugned order of transfer on the grounds urged in the petition. “The petition is therefore, devoid of any merit”, the court observed.
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