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]

Case BriefsHigh Courts

Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J. disposed of the writ petition with the direction that no further order should be issued for transfer considering that the grievance of the petitioner had already been addressed.

The facts of the case are the petitioner, in accordance to an order came to be transferred from ICDS Project, Iddgah and posted in ICDS Project, Kunzer. Aggrieved thereby, the petitioner approached the Court challenging the said order of her transfer, besides other grounds, on the ground that the son of the petitioner was suffering from mental disability and, therefore, required immediate care of her mother, i.e. the petitioner herein. The petitioner also averred that since she was left with only six months of service before reaching the age of superannuation her transfer, at this fag end of her service carrier, would be detrimental to her rights and interests. In pursuance of the order dated 29-1-2019 of the Court, the respondents transferred another person awaiting orders of his posting, as CDPO, Kunzer, in place of the petitioner with a further stipulation that the petitioner shall report to Deputy Director, ICDS, Kashmir, for further duties. Seemingly, the grievance of the petitioner with reference to her continuation in her home town, i.e. Srinagar, for the purpose of attending her ailing son and for preparing her pensionary papers has been redressed and she has been directed to report to the office of the Deputy Director, ICDS, Kashmir, for further duties. The contention of the petitioner submitted was that there was apprehension that she may be, again, transferred to some place other than her home town.

The Court disposed of this petition stating that the grievance of the petitioner had been redressed. It was, however, made clear that in case of exigency, the respondents shall be free to make posting of the petitioner as per their requirement keeping in view the ailing health condition of the son of the petitioner and also the fact that the petitioner is scheduled to attain the age of superannuation in near future. [Shamshada Akhtar v. State of J&K, 2019 SCC OnLine J&K 94, Order dated 04-02-2019]