LAWS(J&K)-2004-9-34

RAJEEV SOI Vs. STATE

Decided On September 06, 2004
Rajeev Soi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Government Order No. 209(Hyd)of 2003 dated 10.12.2003 one Anil Kumar Sharma,Junior Engineer, was transferred to PWD Nyoma(Leh). Said order has however been modified by Govt. order No.317 PW(Hyd) of 2004 dated 13,8,2004 whereby said Anil Kumar Sharma ha! s been posted to PHE Jammu and the petitioner, Rajeev Soi, Junior Engineer, has been transferred to Nyoma(Leh). The petitioner has questioned his transfer through the present writ petition on the ground that the Government had not implemented the order of transfer of said Anil Kumar Sharma because the same, in his opinion, might have been found to be in violation of Government policy relating to transfers for Ladakh region envisaged by Govt. order No.LA(A)25/89 dated 31.3.1989. The case of the petitioner is that under the said policy the petitioner also could not have been transferred to Leh, therefore the order impugned merits to be quashed. Learned counsel for the petitioner submits that clause (iii) of the policy provides for the time table and the manner in which transfers can be ordered which reads as under:-

(2.) The date wherefrom the tenure of posting in Ladakh will reckon shall continue to remain as 30th of June by or before which Govt. employees transferred to Ladakh must report over there Mr. Sethi learned counsel for the petitioner submits that after the month of April no transfer could be ordered ! by the Government to Ladakh district. Moreover, according to him, the petitioner in the present case suffers from such ailments, which make it hazardous for him to go to Ladakh for rendering service on the post to which he has been transferred.

(3.) The petitioner therefore seeks to bind the Government with its policy issued under Government order dated 31.3.1989. It may be mentioned here that transfer order of the petitioner has been issued by the Government of J&K. Whether the Government is bound by its own policy is the question to which answer to the claim of the petitioner depends.