MANMOHAN LAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have challenged by means of this petition order No. Ehg/6485 -95 dated 7.12.1996, whereby the petitioners have been transferred from their places of posting by the Chief Education Officer, Poonch, Respondent No.4 as desired by the Deputy Minister for Education. The Order No. ENG/6498 -99 dated 10.12.1996 has been issued in partial modification of the Order dated 7.12.1996, whereby Mohd. Latif Supervisor A.E. Mandi Cluster has been adjusted as Supervisor Part Time Centre vice Mohd. Khursheed Kirmani Supervisor Part Time Centres Mandi/Sathra Cluster, who will report to Zonal Education Officers, Sathra for suitable adjustment.

(2.) THESE impugned orders have been challenged on the ground that the orders passed by Respondent No.4 as desired by the Deputy Minister for Education on, which is nothing but a political transfer. The Deputy Minister for Education has no authority to direct the Respondent No.4 to transfer the petitioners from Adult Education to School Education. The impugned order has been passed for political considerations and is not in the interest of administration. The services of the petitioners are protected under the Service Rules framed by the Respondent No.1 and the Deputy Minister for Education has no authority or power under any rule to ask for such transfers of the petitioners.

(3.) THE respondents have filed the objections supported by an affidavit opposing the maintainability of the petition, stating therein that no fundamental or statutory rights of the petitioners have been violated. The petitioners have been transferred in the interest of administration and the impugned order cannot be called in question in writ jursidiction.