MEHBOOBA HAMID Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner a teacher on district cadre Anantnag was transferred to district Srinagar for a period of one year at her request. An extension came to be accorded in her favour which has the effect of allowing her to continue till further orders in Srinagar district. Apprehending reversion to the parent district, she has approached this Court by medium of this writ petition to stall the contemplated reversion. Learned counsel for the petitioner had sought adjournment to place law before the Court to show entitlement of the petitioner to her absorption in district Srinagar. Since he was heard on a few occasions further adjournment wad denied, however, liberty was granted to him to produce the law. Despite waiting for months together no law on the subject was cited leaving no option for this Court but to decide the matter.

(2.) IT needs to be observed that the competent authorities are within their powers to pass the orders of transfer due to exigencies of service or administrative reasons. They arc the best judges to decide how to utilise services of the employees but white exercising such power it is obligatory upon them to exercise the same honestly, bonafide and reasonably. Situations are conceivable where orders are passed in violation of statutory rules and on extraneous considerations or to achieve oblique motives. In such cases the Court cannot afford to be a spectator but has to play its role and display indulgence.

(3.) HERE is a case where petitioner has been allowed to continue at Srinagar till further orders and it is seen from annexure A to the writ petition that the order was passed at her instance for her accommodation. Respondents having bestowed a favour on the petitioner at some point of time cannot be said to have lost their authority to withdraw such favour consequence being her reversion to her parent district. Needless to mention that if such reversion violates any of her legal or constitutional rights nothing prevents her to approach the Court against such action but before issuance of an order of transfer she cannot register any ground on mere apprehension.