Jammu & Kashmir High Court
Ved Parkash-I vs State Of J&K; & Ors on 12 September, 2018
Bench: Alok Aradhe, Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
LPA No.133/2018,
IA No.1/2018
Date of Order: 12.09.2018
Ved Parkash-I v State of J&K & ors
Coram:
Hon'ble Mr. Justice Alok Aradhe, Judge
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearance:
For the appellant(s)/petitioner (s) : M/s Sunil Kumar Maini & Sudesh Sharma, Advs.
For the respondent(s) : Mr. S.S.Nanda, Sr. AAG
i. Whether approved for : Yes/No
reporting in Press/Media
ii. Whether to be reported in : Yes/ No
Digest/Journal
The appeal is admitted for hearing and with the consent of learned counsel for the parties, the same is heard finally.
In this intra Court appeal, the appellant has assailed the validity of judgment/order dated 24.08.2018 passed by the learned Single Judge in SWP No.1692/2018.
The facts giving rise to the filing of the instant appeal briefly stated are that the appellant is working as Naib Tehsildar in Revenue Department. The respondent No.2 in the month of April, 2018 passed an order by which the appellant was transferred to Latti and by virtue of the said order the respondent No.6 was also transferred from Ramnagar to Latti. However, the respondent No.6 did not join on the aforesaid place of posting. Thereafter, respondent No.2 again passed an order dated 16.08.2018 by which the appellant and the respondent No.6 were directed to swap their place of posting. It is further submitted that the appellant is going to be superannuated on 31.03.2019. The appellant has challenged the validity of order dated 16.08.2018 before the learned Single Judge. The learned Single Judge vide order dated 24.08.2018 LPA No. 133/2018 Page 1 of 2 disposed of the writ petition inter alia on the ground that the order of transfer does not suffer from any illegality and in case the petitioner files a fresh representation, the same shall be decided in accordance with law. It is also submitted that in pursuance of the order dated 16.08.2018, the appellant has not been relieved from Ghordi and is still performing his duties at the aforesaid place. It is further submitted that till the representation submitted by the appellant is decided by the appropriate authorities, he may be permitted to continue to perform his duties at the present place of posting.
Learned counsel for the respondents submits that in case the appellant has not been relieved as on today, he shall be permitted to perform his duties till the representation submitted by the appellant is decided by the competent authority.
In view of the submissions made and in the facts of the case, we deem it appropriate to dispose of the appeal with a direction to the respondents that in case the appellant files a fresh representation with regard to his grievance before the competent authority within one week, the same shall be decided by the competent authority in light of the law laid down by this Court in case titled Tahira and ors vs State and ors, 2003(3) JKJ 345 HC by speaking order within a period of four weeks from the date of receipt of said representation.
Till the representation is decided by the competent authority, the appellant shall be allowed to continue at the present place of posting in case he is not relieved and is still performing his duties on the aforesaid place.
In view of the above, the order passed by the learned Single Judge dated 24.08.2018 passed in SWP No.1692/2018 is modified. Accordingly, the appeal is disposed of along with connected IA.
( Sanjay Kumar Gupta ) (Alok Aradhe)
Judge Judge
Jammu
12.09.2018
Vijay
LPA No. 133/2018 Page 2 of 2