Jammu & Kashmir High Court - Srinagar Bench
Abdul Rashid Lone vs State Of J&K; And Others on 3 June, 2017
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
SWP no.1396/2016
MP no.01/2016
Date of order: 03.06.2017
Abdul Rashid Lone Vs State of J&K & ors
Coram:
Hon'ble Mr Justice Tashi Rabstan, Judge
Appearing Counsel:
For Petitioner(s): None
For Respondent(s): Mr R.A.Khan, AAG
1. Petitioner seeks quashment of order of transfer bearing no.PDC/02 of 2016 dated 16th May 2016 to the extent of transferring petitioner in the capacity of Senior Assistant along with relieving order passed by Executive Engineer CMD-USHP-II Kangan vide order no.CMD/566-69 dated 25th June 2016, with further direction to respondents to restrain from dislodging him from the position of Head Assistant and release salary of petitioner that he was getting before transferring/relieved from CMD USHP-II Kangan.
2. This Court, while issuing notice, passed threshold ad interim order on 4th July 2016, staying both impugned transfer as well as relieving orders with further direction to allow petitioner to continue as Incharge Head Assistant.
3. Objections have been filed by respondents, in which they aver that designation of petitioner shown in impugned order as Senior Assistant instead of I/C Head Assistant has been SWP no.1396/2016 Page 1 of 2 looked into, considered and grievances of petitioner redressed by restoring his designation as I/C Head Assistant.
4. Learned AAG states that petitioner's grievances stand already stressed. In this regard he has produced Corrigendum no.JKSPDC/Adm/2681-87 dated 8th July 2016, to the transfer order, impugned herein, clarifying therein that I/C Head Assistant shall be read instead of Senior Assistant in transfer order. He also produces order no.PDC/CJ/84 of 2017 dated 21st February 2017, whereby impugned transfer order no.PDC-02 of 2016 dated 16th May 2016 read with Corrigendum to the said order issued vide no.JKSPDC/Adm/ 2681-87 dated 8th July 2016 in respect of transfer of Mr Abdul Rashid Lone, I/C Head Assistant, CMD Kanga, (petitioner herein), has been revoked. Copies of both corrigendum and revocation order are placed on record.
5. Having regard to objections filed by respondents and aforementioned placed-on-record documents, nothing remains in writ petition. Writ petition has become infructuous and is accordingly dismissed along with connected MP(s). Interim direction, if any, shall stand vacated.
(Tashi Rabstan) Judge Srinagar June 03, 2017 Ajaz Ahmad SWP no.1396/2016 Page 2 of 2