Mohammad Shafi & Ors vs U.T. Of J&K Through Commissioner Secretary To Govt., School Education Department, Civil Secretariat, Jammu/Srinagar. 180001 & Ors

D.S. Mahra, Member (J)

01/ Learned counsel for the applicants submits that the applicants are working as masters in the respondent department. They have been transferred from their present place of posting by issuance of impugned transfer order dated 12-07-2023, to various places, some 200 kms. away from their residences. Learned counsel further submits that the applicants have been transferred within one year of their earlier transfer in utter disregard to the transfer policy of the Government without approval of the competent authority. It is further submitted that the parents of the applicants are senior citizens, who are suffering from multiple ailments and are in dire need of care. In this view of the matter, the applicants approached the respondents on the same day when the order impugned was issued by way of a representation dated 12-07-2023 with the prayer to reconsider the transfer order insofar as it relates to them. The representation is pending disposal before the respondents.

02/ However, after arguing for a while, learned counsel for the applicant fairly submitted that it will be suffice if a direction is issued to the respondents to consider the representation of the applicants dated 12-07-2023 sympathetically on humanitarian grounds specifically taking into consideration the health condition of their parents.

03/ Heard learned counsel for the parties.

04/ In view of the limited prayer made by learned counsel for the applicants, respondent No.1 is directed to consider the representation of the applicants dated 12-07-2023 in accordance with law. Respondent is further directed to take into consideration the pleas raised in this O.A as well by treating the same as part of representation within a period of four weeks from today and pass a reasoned and speaking order in accordance with law and communicate the decision to the applicants. In the meantime it is provided that till the decision on the representation of the applicants is taken, they shall not be relieved from his present place of posting, if not already relieved.

05/ With this, the OA. 565/2023 shall stand disposed of.