Kanchan Sharma And Others vs State Of J&K And Others on 8 March, 2019

[Cites 0, Cited by 1]

Jammu & Kashmir High Court

Kanchan Sharma And Others vs State Of J&K And Others on 8 March, 2019

Bench: Dhiraj Singh Thakur

                     HIGH COURT OF JAMMU AND KASHMIR
                                 AT JAMMU

SWP No. 404/2019, IA No. 1/2019
                                                              Date of Order: 08.03.2019.

                                Kanchan Sharma and others
                                             Vs
                                  State of J&K and others
Coram:
             Hon'ble Mr. Justice Dhiraj Singh Thakur, Judge

     For the appellant(s)/petitioner(s)   : Mr. L. K. Sharma, Advocate with
                                            Mr. Mohit Kumar, Advocate.
     For the respondent(s)                : Mr. Ravinder Gupta, AAG.

i.        Whether approved for                 :             Yes/No
          reporting in Press/Media

ii.       Whether to be reported in            :             Yes/ No.
          Digest/Journal
(Oral)

01. The present petition is a fourth round of litigation initiated at the behest of the petitioners. The controversy is as to whether the petitioners are liable to be detached in terms of Circular No. 22- GAD of 2018 dated 06.07.2018, whereby the Government had directed that all employees on attachment be repatriated to their parent department with immediate effect. Learned counsel for the petitioners state that the petitioners were never attached and they had been transferred by virtue of various Government orders and that the order of detachment did not at all apply to them.

02. It is further stated that the order of rejection dated 19.12.2018 impugned in the instant writ petition, passed by the Director General, Youth Services & Sports was also without any basis. It is stated that the Director General ought to have considered properly the issue as to whether the case of the petitioners was one of attachment or transfer, which had not at all been gone into.

SWP No. 404/2019, IA No. 1/2019. Page 1 of 2

03. Mr. L. K. Sharma, learned senior counsel appearing on behalf of the petitioners however, stated that irrespective of the fact that whether the petitioners were attached or not, they were not averse to the competent authority passing an order of transfer properly transferring the petitioners at any place in accordance with rules, if the interest of administration so warranted. This is not opposed by the learned counsel for the respondents.

04. Be that as it may, this petition is disposed of with a direction to the competent authority to consider the transfer of the petitioners in accordance with rules and policy on the subject, keeping in view the interest of administration. The competent authority shall be at liberty to issue formal orders in that regard within a period of three weeks. Till then status-quo with regard to the services of the petitioners shall be maintained. Salary of the petitioners be also released in their favour for the period they have worked.

05. Disposed of accordingly along with connected IA.

(Dhiraj Singh Thakur) Judge Jammu 08.03.2019 (Muneesh) MUNEESH SHARMA 2019.03.11 10:15 I attest to the accuracy and integrity of this document SWP No. 404/2019, IA No. 1/2019. Page 2 of 2

Unlock Advanced Research with PRISMAI

Jammu & Kashmir High Court