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Vijay Kumar Thappa vs State Of Jammu & Kashmir And Another

Jammu And Kashmir High Court · Decided on 19 August 2019 · Citation: (2019) 08 J&K CK 0016

HON’BLE JUDGES
Tashi Rabstan, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Off
CASE NUMBER
Writ Petition (C) No. 2925 Of 2019, CM No. 6011 Of 2019
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Judgment

6 paragraphs · 350 words

Tashi Rabstan, J

1.

Through the medium of this petition, the petitioner is seeking to quash Order No. DHS-J/234/4717-18 dated 10.07.2019 issued by respondent No.2, by virtue of which the petitioner has been transferred from NTPHC, Pindi Charkhan to DH Doda on the grounds taken in the writ petition.

2.

It is contended by learned counsel for the petitioner that against the aforesaid order of transfer, the petitioner has also filed representation before the respondent No.2 thereby seeking his suitable adjustment in and around his residence in view of his medical condition and as per the concessions available to the medically unwell employees in terms of transfer policy. Learned counsel further submits that the petitioner along with representation has also submitted his medical documents to substantiate his claim, but all in vain. Hence, this writ petition.

3.

Ordinarily the High Court does not interfere in transfer matters under Article 226 of the Constitution of India if the same are made in the interest of administration and in exigency of service and as long as they are not clearly illegal or made in violation of any mandatory statutory rule. However, learned counsel for the petitioner submitted at the Bar that the petitioner would be satisfied, in case the writ petition is disposed of at this stage with a direction to the respondents to consider the representation contended to have been filed by the petitioner within certain timeframe while taking into consideration the instructions/transfer policy and medical records. His statement is taken on record.

4.

This petition is, accordingly, disposed of with a direction to the respondents to consider the claim of the petitioner in terms of the averments made in the writ petition and having regard to the Government instructions and transfer policy insofar as the same pertain to the petitioner as also the representation contended to have been filed by the petitioner within a period of two weeks from today. Till the order of consideration is passed, status quo with regard to present place of posting of the petitioner shall be maintained.

5.

Disposed of along with connected CM (s).