Jammu & Kashmir High Court
Madan Lal vs State Of J&K; And Others on 6 June, 2018
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.1194/2018 MP No. 1/2018
Date of order : 06. 6 .2018 .
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Madan Lal Vs State of J&K and others
Coram:
Hon'ble Mr. Justice Sanjeev Kumar, Judge.
Appearing counsel:
For Petitioner/appellant(s) : Mr. Vivek Sharma , Advocate
For Respondent(s) : Mr. Ravinder Gupta, AAG
i/ Whether to be reported in Yes/No Press/Media? ii/ Whether to be reported in Yes Digest/Journal?
1. In this petition, the petitioner has called in question the order of his transfer issued by respondent No.3 vide No. CEO/D/Estt/4581-86 dated 26.5.2018 whereby the petitioner has been transferred from Government High School, Nagni Bhatyara to Upper Primary School,Batara. Challenge to the order impugned of transfer has been thrown primarily on two counts ; one that it is in violation of Circular No. 7-Edu of 2018 dated 4.4.2018 issued by respondent No.1 banning mid- term transfers in the Winter Zone Schools of Jammu SWP No. 1194/2018 Page 1 of 5 Division and second that it is actuated by mala fide consideration.
2. Having heard learned counsel for the parties and perused the record, I am of the considered opinion that challenge to the impugned order is not sustainable.
3. From the record of the petition, it is quite clear that petitioner was initially engaged as ReT in the year 2004 in Government Upper Primary School, Balwana Zone Gundana, District Doda and was subsequently regularized as General Line Teacher on successful completion of service of five years as ReT vide Order dated 26.9.2009 issued by respondent No. 4. On 22.8.2014, the petitioner was transferred and adjusted in High School Nagni zone Bhatyas. The respondent No.3 issued general order of transfer on 24.3.2018 vide No. CEO/D/Estt/36891-37035 dated 24.3.2018 directing repatriation of the general line teachers who had been regularized from ReTs to their original place of posting . The name of the petitioner figured at Serial No.45. The aforesaid order was called in question by the petitioner along with many others in SWP No. 703/2018 and a bench of this Court while issuing notice to the respondents, issued interim direction in the following manner:
" In the meantime, subject to objections and till next date of hearing, order impugned dated 24.3.2018 in regard to the petitioners is stayed. Respondents- authorities, however, shall have the option in the meantime to transfer the petitioners anywhere within the district other than from where they have been initially appointed /engaged as ReT. Learned counsel SWP No. 1194/2018 Page 2 of 5 for the petitioners submits that in that eventuality, the petitioners shall have no further cause and would serve willingly."
4. As is apparent from interim order passed by this Court, order dated 24.3.2018 issued by respondent No. 3 was stayed, giving liberty to the respondents to transfer the petitioners at any place in the district other than where they have been initially appointed/engaged as ReT. It appears that in compliance to the aforesaid direction, respondent No.3 issued order dated 24.3.2018 in so far as it pertains to the petitioner, was not given effect to and another order dated 26.5.2018 was passed whereby the petitioner has been transferred from Government High School, Nagni Bhatyara to Upper Primary School,Batara.. It is this order, the petitioner is aggrieved of and has assailed on the grounds enumerated in the petition.
5. Learned counsel for the petitioner submits that the order impugned is not sustainable as the same runs contrary to Circular No. 07 -Edu of 2018 dated 4.4.2018 which imposes complete ban on mid-term transfers of teachers for the schools falling in winter zone of Jammu division. It may be noted that aforesaid circular was issued on 4.4.2018; whereas the petitioner was transferred by respondent No. 3 alongwith many others on 24.3.2018. This order was called in question by the petitioner and others and this court while staying the same, gave liberty to the respondents to post the petitioner at any place in the district except the one where he was initially appointed as ReT . This is exactly what has been done by respondent No. 3. The petitioner has not been sent SWP No. 1194/2018 Page 3 of 5 back to his original place of posting where he was initially appointed as ReT but has been sent to another school in district Doda. The order impugned is in essence, in compliance to the direction issued by this Court in earlier writ petition filed by the petitioner which has already been reproduced hereinabove.
6. The order impugned though issued on 26.5.2018, has to be read in continuation to the earlier order issued by respondent No.3 on 24.3.2018. Even on facts, order impugned is not hit by the Circular relied upon by the petitioner. That apart, the circulars issued by the Administrative Department from time to time laying the guidelines for effecting transfers, are in the nature of executive instructions and justiciable in the court of law. The other plea of the petitioner that the order impugned is actuated by malice also, cannot be accepted.
7. The contention of the learned counsel for the petitioner that the order impugned has been issued to punish the petitioner for having gone to the court in SWP No. 703/2018, the argument raised, is too specious to be accepted.
8. From the narration of events that led to the passing of order impugned, it is abundantly clear that the order impugned has been passed to show compliance to the direction passed by this Court in the case of petitioner only.
9. Viewed from any angle, the order impugned which has been issued in the interest of administration and also to comply with the direction of this court, cannot be interfered with.
SWP No. 1194/2018 Page 4 of 510. This petition is, therefore, devoid of any merit and consequently dismissed alongwith connected MP.
( Sanjeev Kumar )
Judge
JAMMU 06.6.2018.
RSB, Secy.
SWP No. 1194/2018 Page 5 of 5