YOG RAJ ANAND Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER had challenged Annexure "PA" attached with the writ petition. By means of this Government Order No. 476 -Works of 2000 dated 11th Dec. 2k, transfers and postings of Head Draftsmen have been ordered in the interest of administration with immediate effect. Petitioner figures at Serial No. 3. His present place of posting is R&B (J). He has been posted to JDA against available vacancy.

(2.) PRECISE ground urged by Sh. Koushal, learned counsel appearing for the petitioner in this case is that as per Rule 27 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956, posting of the petitioner to Jammu Development Authority tentamounts to sending him out of his parent department, unless his consent is obtained, petitioner cannot be transferred and posted in JDA as has been done by the impugned order. What is envisaged under this Rule is that a member of service or class of a service may be required to serve in any part of Jammu and Kashmir State in any post borne on the cadre of such service or class and all transfers and postings are to be made by the authority prescribed by the Government in that behalf. Since no consent has been obtained, petitioner is being posted out of his cadre of service, as such Annexure "PA" prima facie deserves to be struck down. Reference was also made by him to Article 52 -C(i) of the J&K Civil Services Regulations, 1956.

(3.) IN the aforesaid background impugned order, Annexure "PA" being an order of transfer to foreign service on deputation during the last spell of his service before retirement, therefore, it was pleaded to be perse -arbitrary, unreasonable and is proof of malafides.