RANI KOUR Vs. STATE

JUDGEMENT

(1.) The appellant came to be appointed as Junior Staff Nurse on 28th August, 1987 and was posted in Government Medical College, Srinagar. While the appellant was serving in the Government Medical College, Srinagar, she and her husband faced threat to their lives from the militants in view of the disturbed law and order situation in the valley during the year 2000.

(2.) On the threat perception from the militants, the appellant along with her husband sought their transfer from Sringar to Jammu. Acceding to her request by respondent No. 1, she came to be transferred against an available vacancy in Govt. Medical College Hospital, Jammu vide Govt. Order No. 685-HME of 2000 dated 11.10.2000. This arrangement continued when post held by her along with other posts came to be transferred to Govt. Dental College, Jammu permanently vide Govt. Order No. 103-HME of 2006 dated 23.02.2006. Resultant effect of order was that she came to be appointed against a newly created department, which was independent of the service on which she was borne.

(3.) The dispute with regard to her enlistment in the seniority list issued by respondents became subject matter of challenge in writ petition being SWP No. 513/2007. The grievance set out in the said writ petition was that she had to rank above private respondents in view of the fact that she was appointed prior to them. The case set out by her in the writ petition was that her transfer in Govt. Dental College, Jammu was not at her asking but was on account of creation of new department on which the post(s) held by the appellant and other members of the Govt. Medical College, Jammu came to be permanently transferred. The writ Court did not agree with the contentions raised by the appellant by stating that her transfer from Srinagar to Jammu was at her own request, as such, she would rank below the junior most in the category in the new department. It is under these circumstances, the present appeal has been filed by the appellant.