GHULAM ABASS Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners in both the petitions are substantively holding the post of Junior Engineers (Civil) Grade-II in Public Works Department (R & B). Besides others, petitioners have been ordered to be transferred to the Rural Development Department, Jammu for further posting vide Government Order No. 336-PW (R & B) of 2010 dated 29.10.2010. It is this order, which has been called in question by the petitioners in these petitions.

(2.) Respondents have filed objections/reply affidavit. Mr. Shukla, learned counsel appearing for the petitioners submitted that the transfer of the petitioners to the Rural Development Department is illegal, inasmuch as, Rule 27 of the J & K Civil Services (Classification, Control & Appeal) Rules, 1956 (for short 'Rules of 1956') authorizes the competent authority to transfer and post a member of a service or class of a service in any post borne on the cadre of such service or class, but the petitioners have been transferred outside their cadre/service.

(3.) Learned counsel submitted that even if it is assumed that petitioners have been transferred by way of deputation to the Rural Development Department, then in such eventuality, before passing of such order, borrowing department was required to make a requisition to the parent department of the petitioners and if such deputation was agreed to by the parent department, then consent of the petitioners was also required to be sought for transferring them on deputation outside their parent cadre. Learned counsel in support of his contention referred to and relied upon the case titled Umapati Choudhary (appellant) v. State of Bihar and another, 1999 4 SCC 659 and case titled State of Punjab and others (appellants) v. Inder Singh and others etc., 1998 AIR(SC) 7. Learned counsel, accordingly, submitted that the impugned order, so far it pertains to the petitioners, be set aside.