Jammu & Kashmir High Court
Vikas Sharma And Others vs State Of J&K And Others on 4 February, 2020
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 110
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No. 2072/2015
IA No. 1/2015
Vikas Sharma and others. ...Petitioner(s)
Through:- None.
v/s
State of J&K and others ... Respondent(s)
Through:- Mr. H. A. Saddiqui, Sr. AAG
Coram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
1. Petitioners have approached this Court impugning the order of their transfer from District Samba to District Poonch. All the petitioners are working in the District Hospital at Samba. The ground on which the transfer has been challenged is that they have been appointed in a district cadre and even as per the terms of appointment, their job is not transferable from one district to another and their cadre also cannot be changed.
2. Vide the orders impugned, the petitioners have been transferred from District Samba to District Poonch. The apparent reason available on record is that on a visit of the Minister for Health and Medical Education, the petitioners were found absent.
3. While issuing notice on 16.07.2015, this Court had stayed the impugned order.
4. Once the terms of appointment of the petitioners do not provide for inter-district transfer, they cannot be transferred from District Samba to District Poonch. Accordingly, impugned order of transfer of petitioners is set aside. However, in case there is any Scheme in terms of which the post on which the petitioners are working has become a State Cadre and transferable inter-district, the competent authority shall be entitled to take action accordingly. For dereliction of duty, if any disciplinary action is to be taken against the petitioners, for that also, the competent authority shall be entitled to.
5. The writ petition stands disposed of accordingly.
6. As the petitioners remained unrepresented, Registry is directed to send copy of the order to the petitioners.
(RAJESH BINDAL) JUDGE Jammu 04.02.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.02.12 18:01 I attest to the accuracy and integrity of this document