DES RAJ Vs. STATE

JUDGEMENT

(1.) Petitioner is working as Patwari in the Revenue department. Earlier also, vide order dated 17.12.2011 of Deputy Commissioner Reasi, he was transferred from PH Bhabber (Reasi) and posted at PH Katra (Reasi). He vide Government Order No. Rev/NG/228 of 2013 dated 04.09.2013 now stands transferred from PH Katra and directed to report to Regional Director Survey and Land Records (Settlement Officer) Jammu (respondent No. 3 herein) for further posting. He has thrown challenge to the said order through the medium of instant petition on several grounds, but the main ground is that it is passed before completion of two years of stay at a particular place which is against the Cabinet Decision No. 156/12/2010 dated 27.07.2010 notified vide Government Order No. 861-GAD of 2010 dated 28.07.2010 [Refer 2011 (13) JKS JK-48: JKS Soft JKS/6896] with regard to the policy of transfer/posting of Government Employees. He takes other pleas also which are reproduced hereunder. Pursuant to notice, Mr. Siddiqui learned AAG has put in appearance on behalf of respondents 1 to 4 and Mr. Bhardwaj learned Sr. Advocate appearing for respondent No. 5. Objections have also been filed by all the respondents.

(2.) By way of an interim relief, impugned transfer order is put on hold provided he was not relieved. According to Mr. Bhasin, the petitioner is still working as Patwari at PH Katra only on the strength of interim order.

(3.) Heard learned counsel for both the sides and gone through the records.