AB. REHMAN Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The petitioner has called in question transfer order bearing No. 175 of 2013 dated 06.06.2013, whereby he came to be transferred from Fire and Emergency Station, Leh to Fire and Emergency Station, Ganderbal, on the grounds taken in the memo of writ petition.

(2.) The official respondents have filed the detailed reply and resisted the writ petition on the averments made therein and have prayed that the ad interim direction granted by this Court may be vacated and the writ petition be dismissed. The positive case of the official respondents is that the petitioner has all along being posted in hometown and has avoided transfer from Leh/Kargil. It is further averred that the private respondent, who has been transferred in petitioner's place and who, incidentally, is from Leh, is suffering from some ailment and was operated upon on 05.05.2013, therefore, was transferred to Leh on medical grounds. It is specifically averred in the reply that the petitioner has remained posted outside his hometown only for four months during his service tenure of nineteen years. It is further pleaded that the instant transfer has been made in the exigency of service.

(3.) I have heard learned counsel for the parties and considered the matter. The petitioner has failed to rebut the specific averments made in the reply by the respondents. On the contrary, the petitioner has failed to make out any ground, muchless a plausible ground to warrant quashing of the impugned transfer order. Therefore, I am of the considered view that the transfer order has been passed as per the exigency of service and no mala fides can be attributed thereto.