QUOSER RIYAZ KOUL Vs. STATE OF J&K

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging orders dated 8.10.1998 and 13.10.1998. Vide order dated 8.10.1998 the petitioner, a Junior Engineer with Srinagar Development Authority (hereinafter referred to as "the Authority") was transferred to Jammu and Kashmir Housing Board, Srinagar. Vide order dated 13.10.1998, issued in partial modification of order dated 8.10.1998, petitioner was directed to report to Directorate of Local Bodies, Kashmir.

(2.) IN brief, the facts are that the petitioner was initially appointed as Draftsman in the Authority and subsequently he was promoted as Junior Engineer. Vide order dated 8.10.1998 the petitioner was transferred from the Authority to Jammu and Kashmir Housing Board, Srinagar, by Commissioner -cum -Secretary to Government, Housing and Urban Development Department, Srinagar. The petitioner was relieved from the Authority on 8th October, 1998 itself and was directed to report for duty in the Jammu and Kashmir Housing Board (hereinafter referred to as 'the Housing Board). Petitioner reported for duty in the Housing Board, but the Housing Board expressed its inability to allow the petitioner to join there as, according to the Managing Director, Housing Board, the work load of the Housing Board did not warrant the additional post of Junior Engineer. Accordingly, the Managing Director, Housing Board, vide communication dated 9.10.1998, informed the Commissioner -cum -Secretary to Government, Housing and Urban Development Department, Srinagar, that the work load of Housing Board in Kashmir Division at that time did not warrant the additional post of Junior Engineer as the Housing Board had got sufficient number of Junior Engineers. The Managing Director requested the Commissioner -cum -Secretary to Government, Housing and Urban Development Department to post the petitioner in some other organisation. The petitioner submitted his joining report to the Executive Engineer of the Authority on 10th October, 1998. However, vide order dated 13.10.1998, issued in partial modification of Government order dated 8th October, 1998, the petitioner was trasnferred and posted in the Directorate of Local Bodies, Kashmir, for utilization of his services at Kupwara on the terms and conditions as contained in Government order dated 8th October, 1998.

(3.) IN this writ petition, as noticed earlier, the petitioner has challenged both the orders dated 8th October, 1998 and 13th October, 1998 and the ground of challenge is that the petitioner is an employee of the Authority and is borne on the cadre of the Authority and so, he cannot be transferred to any other Department of the Government. According to the petitioner, the Authority is an autonomous body and, therefore, the Government has no control over the employees of the Authority.