Jammu & Kashmir High Court - Srinagar Bench
Shakeela Bano & Ors vs Ut Of Jk & Ors on 4 July, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
ITEM NO. 79
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C ) No. 1422/2022
CM No. 3425/2022.
Shakeela Bano & Ors
...Petitioner(s)
Through: Ms. Arifa Jan, Advocate.
VERSUS
UT of JK & Ors
...Respondent(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
04.07.2022 The petitioners through the medium of the instant petition has challenged the order No. BMOG/NHM/2022/248-253 dated 27.06.2022, passed by respondent No.5 i.e Block Medical Officer, Gurez, whereby petitioners are sought to be transferred from their existing places of posting to difference places. The contention of the petitioners is that as per the terms of the order of the engagement issued in their favour, the petitioners cannot be transferred from the places of posting where they have been appointed initially. It is contended that appointment of the petitioners is contractual and non-transferable in nature and hence the impugned order is not in accordance with the law.
Heard learned counsel for the petitioners. There appears to be prima facie merit in the submissions of the learned counsel for the petitioners, as such, a case for grant of interim indulgence is made out.
Issue notice to the respondents, subject to the furnishing of requisites within a weeks' time.
List on 09.08.2022.
In the meantime, impugned transfer order to the extent of petitioners shall remain stayed.
(Sanjay Dhar) Judge SRINAGAR 04.07.2022 Showkat