ASHOK KUMAR KIKLOO Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner while serving as Incharge Assistant Executive Engineer in JKPCC on deputation came to be repatriated and posted as Incharge Executive Engineer, PMGSY, Reasi. After completion of a period of ten months, he again vide Order No.516-PW(R&B) of 2012 dated 06.12.2012 came to be transferred as Incharge Executive Engineer, PMGSY, Jammu against one Javed Iqbal. Accordingly, he took over the charge on 12.12.2012. While the petitioner was working there, he again came to be transferred vide Govt. Order No.146-PW (R&B) of 2013 dated 26.04.2013. It is this order which is called in question by the petitioner in the present writ petition on two counts; firstly that frequent and premature transfer of the petitioner is against the transfer policy issued by the Government; and secondly that impugned transfer order suffers from malafide. The very basis of malafide as alleged in the writ petition is that there are other persons in the Department, who are serving in the same capacity having more than two years of stay have not been touched, but, the petitioner is being transferred frequently.

(2.) Upon notice, respondents have filed the reply contending therein that transfer from one place to another is an exigency of service and it is the prerogative of an employer to make transfers in the interest of administration. It is contended that the State Government is clothed with the powers to make transfers in administration exigency and no right is vested in any employee to remain posted to a particular place. Law is well settled that the order of transfer issued by the competent authority in the interest of administration cannot be construed to be violative of any right of the employee. Thus, it is contended that the order has been passed in the interest of administration after due application of mind.

(3.) I have heard learned counsel for the parties and perused the record.