ZAHOOR AHMAD FAROOQI Vs. J&K HANDICRAFTS & ORS.

JUDGEMENT

(1.) This order shall dispose of two petitions, one bearing SWP No. 1549/2015 and the other one numbered as.

(2.) In SWP No. 1594/2015 the petitioner has challenged the virus of the impugned order of transfer bearing No. 99-JKHC of 2015 dated 24.07.2015 and has prayed that the same be quashed. He has also implored for the grant of relief of the issuance of a writ, order or direction, including the one in the nature of prohibition commanding the respondents to forebear from giving effect to the impugned order of transfer so far as the same relates to the petitioner and the respondent No.4 as also commanding the respondents to frame a transfer policy.

(3.) The petitioner has pleaded in the petition that out of a total service carrier of 30 years, he was posted outside the state of J&K for a period of 21 years and, therefore, the order of his transfer from the Head Office and posting him as In-charge Kashmir Government Arts Emporium, Lucknow Branch, is not only motivated by ulterior considerations but has also been issued without any transfer policy. Respondent No.4 who has been ordered to be placed in the place of the petitioner has throughout his service carrier remained posted at the headquarter and has not served the corporation outside the state of J&K even for a single day. The said impugned order of transfer stipulates that the transferees shall be deemed to have been relieved from the present place of posting and shall report to their new place of posting as In-charge Payment Section of the Head Office of the Corporation. The petitioner has further contended that the impugned order is prejudicial to the interest of petitioner in as much as he is sick and is suffering from various ailments, including Diabetes which has made him a chronic patient dependent on regular medical advice. He is being monitored on regular basis in the hospital on account of his ailments.