ZUBAIR Vs. STATE OF J. & K

JUDGEMENT

(1.) It is a transfer matter. The petition is directed against order dated 21.12.2012 transferring the petitioner from GHSS Mendhar to HSS Moori Gursai on the available vacancy. Firstly, it was sought to be argued that the order could have been passed by the Director School Education, Jammu, whereas it has been issued by Personnel Officer Dr. Narupa Rai. When I confronted learned counsel for the petitioner that the order has been passed by Directorate of School Education Jammu and it has been duly signed, then learned counsel argued that the petitioner has been made the victim of malicious intention so as to adjust respondent No. 5. In fact respondent No. 4 did not join on his transferred place as Lecturer in GHSS Mandi District Poonch. In order to adjust him at GHSS Mendhar, the petitioner has been shifted to GHSS Moori Gursai and it is a midterm transfer.

(2.) Having heard learned counsel for the parties, I am of the considered view that the transfer order does not suffer from any legal infirmity warranting interference of this Court. Mr. Ravinder Sharma, learned AAG has pointed out that adjustment has been made in the city of Mendhar itself because GHSS Moori Gursai is part of the Mendhar Area.

(3.) It is well settled that administrative instructions or transfer policy would not vest any right in the employee to seek its enforcement by seeking a writ of mandamus. In that regard reliance may be placed on the observations made by Hon'ble the Supreme Court in the case of B. Varadha Rao v. State of Karnataka and others, 1986 4 SCC 131. It is taken to be well settled that a government servant is liable to be transferred in his own cadre and he cannot claim to remain posted at a particular place. Transfer is an incidence of service and can be resorted to in any administrative exigency. The scope of judicial review is limited to cases where transfer orders are passed on mala fide considerations. Reliance may also be placed on the observations made by Hon'ble the Supreme Court in the case of Union of India v. S.L. Abbas, 1993 4 SCC 357. Therefore, the transfer order would not suffer from any legal infirmity of law. We would also like to point out that compassion and sympathies cannot replace the rule of law. In view of the aforesaid, the writ petition fails and the same is dismissed.