TABASUM RASHID Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks to quash the impugned order No.2336 DESK of 1999 dated 17.12.1999 whereby the transfer order of Mst.Gulfer Akhter, teacher has been cancelled and petitioner has been transferred to District Budgam, in place of Mehra Jabeen, teacher, who was earlier transferred on reciprocal basis, under order No.799 DSEK of 1999 dated: 10.05.1999, from Middle School Drubgam, District Pulwama to District Budgam.

(2.) THE impugned order has been challenged on the grounds that the petitioner has been transferred from Middle School Chandhara to District Budgam only when Mst. Gulfer Akhter refused to abide by the order of her transfer despite it was issued on reciprocal basis. The husband of the petitioner is a Government employee posted in District Budgam, therefore, the respondents are under obligation to post the petitioner also at the place of posting of her husband as per the policy of the Government. The transfer of the petitioner is premature and further that the petitioner has been transferred to safeguard the interests of the respondent No.5.

(3.) MR . M.I. Qadri, learned Sr.A.A.G. and Mr. Syed Mohammad Shafi, Learned counsel has appeared on behalf of the respondents. Mr.Shafi submitted that the petitioner has not come to the court with clean hands and does not deserve the relief prayed for. Petitioner has already filed a suit before the District Judge, Budgam and Munsiff Magistrate, Magam, which fact has been concealed by the petitioner. The petitioner cannot simultaneously seek remedy before two forums for the same relief. The respondent No.5 is suffering since last more than one year and has not been paid salary. Under such circumstances, respondent No.5 requested the authorities to sent her back to her parent cadre i.e. District Budgam.