AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjeev Gupta, Member J
The instant Original Application (in short O.A.) has been filed by the applicant seeking following reliefs:-
(i) seeking quashment of impugned Govt. order no. 33 JK(DSD) of 2025 dated 10.06.2025 passed by the official respondent no. 1 to the extent whereby the applicant who is presently posted and working as Registrar in the Jammu and Kashmir Board of Technical Education at Jammu has been transferred and posted as Lecturer-I (Mechanical) at Government Polytechnic College, Poonch.
(ii) Directing the official respondent no. 1 to retain and continue the services of the applicant as Registrar in the Jammu and Kashmir Board of Technical Education at Jammu.
It is submitted by the learned counsel for the applicant that applicant has been transferred from the post of Registrar in the Jammu and Kashmir Board of Technical Education to Lecturer-I (Mechanical) at Government Polytechnic College, Poonch on 10.06.2025 during the commencement of final Semester (6th & 5th Semesters) examinations for students across the U.T. of Jammu & Kashmir and Ladakh for the session May-June 2025. Learned counsel for the applicant further submitted that applicant is holding the post equivalent in status and responsibility of Head of Department in the Skill Development Department but he has been transferred to G.P. College, Poonch, which does not have a sanctioned post of Lecturer-I in Mechanical Engineering, nor G.P. College Poonch offers Mechanical Engineering branch.
It is the grievance of the applicant that despite the representation of the applicant filed on the same day to Secretary J&K Board of Technical Education Jammu/ Kashmir and recommendation of respondent no. 3 to respondent no. 1 dated 11.06.2025 for retention of applicant as Registrar in the Jammu and Kashmir Board of Technical Education, in view of ongoing final year examinations for students across the U.T. of J&K and Ladakh, the impugned Transfer order dated 10.06.2025 has not been modified vis-à-vis applicant.
It is submitted by the learned counsel for the applicant that applicant would be satisfied, at this stage, if a direction is issued to respondents to treat a copy of this O.A. as his representation along with earlier representation filed by the applicant on 10.06.2025 and decide the same by passing a reasoned and speaking order within a time frame and till such time, the applicant may be protected.
Mr. Rajesh Thapa, learned A.A.G. appears and accepts notice on behalf of the respondents. He opposed the prayer made by the learned counsel for the applicant.
Accordingly, in view of the limited prayer made by learned counsel for the applicant, and the fact that final year examinations of students for the May-June 2025 session has already commenced, the Original Application is disposed at the admission stage, without entering into the merits of the case, with a direction to respondents to accord consideration to the claim of the applicant by treating a copy of this Original Application as his representation along with the representation earlier submitted by the applicant on 10.06.2025 and decide the case of the applicant by passing a reasoned and speaking order. A copy of the speaking order shall also be communicated to the applicant.
The whole exercise shall be completed within a period of six weeks from the date of receipt of certified copy of this order.
Till the decision is taken, status quo as on date shall be maintained.
No orders so as to costs.