HC directs respondent about ground of transfer of IV class employee

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Taking serious note on the transfer of junior to the two posts higher, State High Court directed Director CAPD to file an affidavit disclosing the reasons on the basis transfer was ordered and as also the policy followed as well as the reasons for the transfers of the persons.

This significant order has been passed following a petition challenging the frequent transfer to accommodate Farooq Ahmed and Abdul Rashid IV class employees to the post of Incharge Store-Keeper at Food Store.

Justice BS Walia after hearing Adv SK Shukla appearing for the petitioner observed that reference to context thereto, is made to the order dated October 17, 2015 whereby respondent Farooq Ahmed who is class IV employee i.e. two step lower then the petitioner, was holding the higher post of Incharge Storekeeper, while the petitioner who was senior Assistant, higher than the post held by the Farooq Ahmed, was transferred from the Officer Assistant Director CAPD Doda to the post of Incharge Food Store Bhadwah against the Farooq Ahmed.

Adv SK Shukla appearing for the petitioner submitted that the entire exercise is on wholly extraneous consideration without the existence of there being public interest or administrative exigency involved and further said that the frequent transfers of the petitioner are wholly colourable exercise of powers.

Justice BS Walia after hearing Adv SK Shukla appearing for the petitioner in length issued notice to the State and Ors and directed that the subject to objections from the other side, the petitioner shall not be shifted from the post of Store-Keeper food Store Bhagwah and also directed Director CAPD to file an   affidavit disclosing the reasons on the basis transfer was ordered and as also the policy followed as well as the reasons for the transfers of the persons. JNF

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