IRSHADA GAZI Vs. STATE

JUDGEMENT

(1.) THE petitioner is a teacher and was posted in Boys Middle School, Gurgarimehalla Srina -gar vice Shamim Gadda on 20 -5 -1988, by the Block Education officer concerned. The petitioner had hardly worked in that school for about 31/3 months when the DEO transferred her again on 6 -9 -1988, and was directed to report to District Education officer, Budgam. She was shown relieved on 6 -9 -1988 itself. She challenged the said order by way of a writ petition bearing No. 128 of 1988 inter -ala on the ground that the said order was violative of the J&K Subordinates Service Recruitment Rules 1987 as also J&K Decentralization of and Recruitment to non -gazetted Rules of 1969. Under these rules a Government servant working in the pay scale of Rs. 900 -1830, which the petitioner was also holding, could not be transferred from one District to another without the approval of the administrative department concerned. The said petition came to be considered by a Division Bench of this Court on 13 -9 -1988, and the order impugned was stayed. The petition stands admitted to hearing on 28 -7 -1993 and is still sub -judice. While admitting the said petition on 28 -7 -1993, the Court has directed that the interim direction dated 13 -9 -1988 shall continue in operation.

(2.) IT appears that on 27 -12 -1991 the DEO Srinagar transferred many teachers vide his order No. DEO/trans/8659 -760, where under one Ghulam Qadir teacher was transferred to Srinagar from Ganderbal, and the ZEO concerned was directed to spare a teacher having the longest stay in Srinagar, for being posted at Bahama Ganderbal. The ZEO on receiving the said order adjusted the said Ghulam Qadir in place of the petitioner who was directed to report to ZEO Ganderbal for further adjustment. The said order appears to have been passed by him on 17 -3 -1992. The petitioner challenged the said order also by medium of the writ petition No. 631/1992, assailing the order impugned on various grounds, including the one that ZEO has no power to transfer her. The petition came to be considered 31 -3 -1992 and the order impugned passed by the ZEO on 17 -3 -1992 was stayed.

(3.) THE respondents have filed the counter/objections in the said petition.