MEHRAJ-UD-DIN KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , an Executive Engineer of Rural Engineering Wing of the Rural Development Department of the Government on transfer from Kargil was transferred vice Respondent No.7 as Executive Engineer, REW, Anantnag vide Government order No:261 - GR (RD) of 2002 dated 24 -10 -2002. However, this order was withdrawn by the Principal Secretary to Government, Rural Development Department vide Government order No:278 -RD of 2002 dated 18 -11 -2002. This order (Annexure -F) is impugned in the writ petition on grounds alleged in the petition. Along with the writ petition CMP No: 2537/2002 was moved for seeking stay of the impugned order and thereby allowing petitioner to work as Ex -Engineer,REW, Anantnag. At motion stage, the court issued the following order on 22 -11 -2002, in the main as also in the interim matter; - "Mr. A.M. Dar, Adv, for petitioner, Issue notice to the respondents for filing objections. Issue notice in the CMP also. In the meanwhile, the operation of the impugned order No :278 -RD of 2002 dated 18 -11 -2002 is stayed, till next date before the bench. The order shall however be subject to objections of the other side and shall be subject to amendment /alteration on motion.

(2.) "Learned counsel for the petitioner to take steps for effective service." However, the respondent No.7 Who was on caveat moved an application for vacation / modification of the above court order. The counsel for the respondent No.7 complains that despite having moved caveat, he was neither served with the notice in the matter nor at all heard and yet the impugned order was passed. It appears that the caveat was not brought to the notice of the Court when the impugned order was passed. But all the same having noticed the caveat and the motion/ objections on record for amendment / alteration of the initial interim direction, the parties were heard on the entire gambit of the interim relief prayed for.

(3.) PETITIONER , a resident of Kargil served as Executive Engineer, REW at Kargil for long 13 years. He developed a serious health problem and sought transfer to the Valley seven filed a writ petition 962/99, which was disposed of on 3 -11 -1999 with direction to respondents to consider the case and take a decision thereto. He was examined by the Medical Board of the Government of Jammu and Kashmir and it was noted that the person of Shri M.D. Khan, "has clinical presentation suggestive of prinzemetalâ„¢s variant angina. He is advised to report to the department of cardiology Medical College hospital Srinagar/SKIMS Sora Srinagar ...." And was further advised among other things to avoid stay at high altitude. The Government, "on medical and humanitarian grounds," transferred and .posted him as Executive Engineer, Anantnag vice Mr. Nazir Ahmad sofi, Respondent No.7, who was directed to sop posting with the petitioner as Executive Engineer, REW Kargil (order dated 24 -10 -2002,(Annexure -C). Annexures D and E exfacie indicate that the petitioner assumed charge at Anantnag from 26 -6 -2002 (though not as per prescribed format) and at the same time complained to Director Rural Development Department Srinagar, that his predecessor in officer at Anantnag (Respondent No.7) used un -parliamentary language against him and threatened him to use anti social elements against him (Annexure -H). The Government subsequently on 18 -11 -2002 has withdrawn the order and attached the petitioner with Director Rural Development Department Kashmir Srinagar.