Case BriefsHigh Courts

Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J., allowed the writ petition filed seeking a direction to the respondents to transfer the petitioner from District Kupwara to District Srinagar on health grounds.

The petitioner claimed to be working as a teacher and was posted at Upper Primary School, Kabamarg, zone Trehgam. She submitted that she was suffering from acute ailment relating to her Bone-Degeneration for which she needed proper medical care round the clock in a State Hospital at Srinagar. It was further submitted that on the advice of the doctors, the petitioner had undergone physiotherapy exercise on a daily basis from a reputed Government hospital, which facility was only available in Srinagar because no such hospital was available in District Kupwara. She also contended that on the advice of the doctors at Apollo Hospital, Delhi, she was asked to take injections which were not available in District Hospital, Kupwara, and instead, they are only available in Srinagar. The petitioner in this regard had placed on record the medical prescriptions and advice regarding her ailment and treatment thereto.

The Court while allowing the petition stated that transfer/ posting is an exigency of service and is solely within the powers of the Government authorities. Ordinarily, the Courts should not interfere with the policy of the Government directing posting/ transfers of the Government employees, but in exceptional cases, where the transfer/posting is made by an incompetent authority or is against the rules or is a result of malafides, the Courts can interfere. It further stated that the Government employee suffering from any hardship on account of his/her transfer/posting, should approach the authorities concerned for seeking redressal of his/her grievances as the Courts cannot issue any mandamus directing the authorities to transfer/posting of a Government employee. It is solely for the authorities to consider the claim of the petitioner on the strength of the documentary evidence, including the medical prescriptions/advice, available with the petitioner for such transfer.

In the above situation, the Court felt satisfied in disposing of the petition with a direction to the respondents to decide the representation of the petitioner and pass appropriate orders concerning her transfer. [Ishrat Dilshad v. State of J&K, 2019 SCC OnLine J&K 223, Order dated 08-03-2019]