Jammu & Kashmir High Court
Shazia Sultana vs State Of J&K & Ors. Decided On on 6 October, 2016
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 577 OF 2014 Shazia Sultana Petitioners State of J&K & ors Respondent !Mr. Munish Sharma, Advocate ^Mr. Rohit Kapoor, AAG Honble Mr. Justice Ramalingam Sudhakar, Judge Date: 06.10.2016 :J U D G M E N T :
1. This is a case of transfer.
2. Aggrieved by Government Order No. BMO/SKT/1151-52 dated 11.10.2013 passed by Block Medical Officer Surankote whereby the petitioner working and adjusted as Female Multi Purpose Health Worker (FMPHW) at SC Draba, Block Surankote was relieved and directed to report to Block Medical Officer Manjakote for further orders, the petitioner has preferred writ petition (SWP) No. 577/2014 and the Court while showing its indulgence stayed the operation of order dated 11.10.2013 and the petitioner continued at her present place.
3. The writ petition is admitted. Post admission notice.
4. Mr. Rohit Kapoor, Additional Advocate General accepts notice on behalf of respondents. Objections have not been filed.
5. The plea raised by the petitioner that she has been adjusted at Sub Centre Draba against the available post and was regularly 2 attending her duties does not merit consideration at this stage when by virtue of the interim order passed by this Court, she has served more than two years at the same place and she cannot continue at the same place for ever. This is moreso in view of the Full Bench Judgment passed by this Court in case titled Syed Hilal Ahmad & ors. vs. State of J&K & ors. decided on 31.08.2015 reported in 2015 (3) JKJ 398 (HC), where this Court has already held that the transfer is an exigency of service and, therefore, by virtue of an interim order, petitioner cannot seek to continue forever.
6. In such view of the matter, if the petitioner has not been transferred to any other post in the meanwhile, and if she continue the same position by virtue of the interim order, she is at liberty to make representation to the authority concerned for placing her at the appropriate place as per the transfer policy. Such representation should be made within two weeks from the date of receipt of copy of this order. The authority concerned shall take a decision in this matter preferable within four weeks thereafter. Till such time, the status of the petitioner shall not be disturbed.
8. The writ petition is disposed of as above. ( Ramalingam Sudhakar) Judge Jammu:
06.10.2016