PINKY RAINA Vs. STATE AND ORS.

JUDGEMENT

(1.) This case has its chequered history owing its origin to the compassion shown by the respondent authorities from time to time in accommodating the petitioner, which of late allegedly developed a sense in the petitioner to have a vested right to remain posted at her will and at the cost of the discipline. It is the actions and the orders, sometimes consistent and sometimes inconsistent with the interests of the petitioner, which also gave rise to a hectic litigative process, as a result whereof, petitions over petitions have been filed. Alleged misbehaviour of the petitioner has put the discipline in jeopardy forcing the respondent authorities to issue various orders at various stages without having recourse to disciplinary proceedings. Sidelining the course available to initiate disciplinary proceedings, what the respondents have opted is to order transfers/attachments of the petitioner.

(2.) On perusal of the records what emerges is that the petitioner on appointment has remained posted in Sher-i-Kashmir Institute of Medical Sciences (for brevity SKIMS) Soura. On 28th September, 1988, when petitioner was working as Nursing Aid, she had moved a representation before the Secretary to Govt. General Administration Department, J & K, Srinagar projecting therein that her husband being an employee moves with Darbar Move, is required to be looked after at Jammu in view of his deteriorating health condition. In support whereof, she had submitted the medical certificate so as to justify her transfer to Jammu. She had sought transfer to Jammu on humanitarian grounds with a further caution that in case it is not done, she shall have to bid farewell to the job which would create a situation of starvation for her two budding children. In the same background has projected to be saved from the wrath of misery. Respondent authorities appear to have considered her case on humanitarian grounds so vide Govt. Order No. 1039-HME of 1988 dated 05.12.1988, sanction has been accorded to the transfer of the petitioner from SKIMS to Health Services Department, Jammu so as to work in the Civil Secretariat dispensary.

(3.) Vide Govt. Order No. 1293-GAD of 1989 dated 28.09.1989, in continuation to the aforesaid order dated 05.12.1988, sanction has been accorded to the transfer of the petitioner along with her post to the Directorate of Employment with a condition that she shall retain the hen in her parent department.