GH HASSAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a Professor in the Medical College Srinagar and a permanent member of the Jammu and Kashmir Medical Education (Gazetted) Service has been transferred to Government Dental College, Srinagar against the post of a Professor borne on the service of the Dental College vide order No. 14 -HME of 2000 dated 1 -2 -2000, which reads as under:

(2.) THE transfer outside the Jammu and Kashmir Medical Education (Gazetted) service is questioned by the petitioner. To bring home the point it is argued that the petitioner is borne on the Medical Education service, whereas the impugned order has the effect of transferring him to the Jammu and Kashmir Dental Education (Dental College) Gazetted Service constituted vide SRO 75 of 1993 dated 15 -4 -1993 which forms a separate service, therefore, the impugned order is said to be violative of the Medical Education Rules, 1979. This attack needs to be viewed in the light of the fact that it is the admitted case of the petitioner that he is a member of the Medical Education Gazetted service. In this background Sub Rule 2 of Rule 15 of the Jammu and Kashmir Medical Education (Gazetted) Service assumes significance which is reproduced hereunder: The Government may, in the exigencies of public service, temporarily post any member of the service to perform such duties as may assign to him outside his service..... 

(3.) FROM the language of aforementioned sub Rule it is manifest that the power flows to the Government to assign the duty to a member of the service outside the Medical Education service provided he is assigned such job temporarily. Whether the petitioner has been transferred permanently or temporarily, the text of the order speaks for itself which depicts that the petitionerâ„¢s lien continues in the Medical Education Department. Obviously, he shall be deemed to be in continuity of the service he belongs to and retention of his lien substantiates the fact that he has been temporarily assigned the job in the Dental College to meet the exigencies of administration. Thus the power to transfer outside the service temporarily, being traceable to the rules challenge of infraction of statutory rules is without any basis.