MOHD YAKUB Vs. STATE

JUDGEMENT

(1.) THE petitioner submits that he was transferred from Leh to Srinagar only on 19 -10 -1983 and that it is after a period of six months that the present transfer order has been passed.

(2.) THE grounds urged in the petition against the order are that it contravene the standing Govt. order under which no government servant can be transferred from a post before the completion of two years service at that post, that it is in violation of Rule 21 of the Jammu and Kashmir Civil Services (Classification Control, and Appeal) Rules, 1956, that it has been, passed arbitrarily and with malefideds for collateral purposes and that it offends the principles of natural justice.

(3.) I am not satisfied with the grounds urged in the petition to quash the order of transfer. Male -fides have not been clearly set out in the petition. Though Rule 27 of the Rules, and other Government orders require that an officer should not be transfered before the completion of two years service at a post, they are not rigid rules which cannot be relaxed. Transfer orders are passed in the exigencies of service and transfers are a part of the service of every employee. In the absence of any valid ground in the petition. I do not feel persuaded to issue notice in this writ petition to hear the other side. The writ petition has, therefore, to fail and is accordingly dismissed.