URJA BHUTYAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE matter pertains to transfer of the petitioners. As per the transfer order passed by the Chief Education Officer, Kishtwar, who himself was under transfer. Petitioner No.1 Urja Bhutyal, Teacher HSS Palmar Zone Nagseni was transferred and adjusted in GMS Sarkoot Zone Kishtwar against the vacancy caused by Mtr. Fehmida Iqbal. Likewise, transfer of Farida Banoo, Tasleema Begum, Sheetal Sharma, Shamima Akhtar were ordered. The aforesaid orders were issued on different dates of May, 2013. However, the Additional Secretary to Govt., School Education Department passed an order cancelling the transfer of the petitioners from one school to another ordered by the Chief Education Officer, Kishtwar, who himself was under transfer. The impugned order dated 26.06.2013 passed by the Additional Secretary to Govt., Education Department is set out below in extenso, which reads thus: - No: Edu/II/262/2013 Dated: 20.06.2013

(2.) THE principal ground to challenge the order dated 20.06.2013 (Annexure -C) cancelling the transfers is that the petitioners have served at the previous places of postings for a period of 4 to 10 years and they had already joined at the new place of postings. According to the allegations made in para 5(E) of the writ petition, the impugned order has been passed by political intervention and it is not in public interest.

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