MOHINDER KUMAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The challenge in this petition is to Government Order No. 167- HME of 2018 dated 02.03.2018 passed by respondent No.1, whereby the petitioner has been transferred and posted as I/C Block Medical Officer (BMO), Nowshera, against the available vacancy. from Incharge BMO, Sohanjana.

(2.) The case of the petitioner is that he, while serving as Medical Officer in A.H., Ghagwal, was transferred vide order dated 26.07.2013 and posted at PHC, Bhour Camp. However, a person, figuring at serial no.2 in the said order, filed writ petition and earned the stay from this Court, due to which petitioner could not join his new place ofposting. Ultimately, the said writ petition was dismissed vide Order dated 30.10.2013. Accordingly, order dated 26.07.2013,transferring the petitioner along with two others was implemented and petitioner relieved from the earlier place of posting on 08.11.2013 and joined at PHC, Bhour Camp. It is contended that on just completing 19 months at PHC Bhour Camp, Jammu, petitioner again came to be transferred vide order dated 27.07.2015 and posted at PHC, Majalta, Udhampur. The petitioner joined there and again vide order dated 15.03.2017, he came to be transferred from Majalta to Sohanjana. The petitioner joined at Sohanjana. However, again by impugned Govt. Order No.167-HME of 2018 dated 02.03.2018, issued by respondent No.1, petitioner has been transferred and posted as I/C BMO, Nowshera and at his place private respondent has been posted, who was serving in Central Jail, Kot Bhalwal, Jammu. The private respondents is stated to have been earlier transferred to PHC, Dansal, where he did not join due to the reasons that the said posting was not of his choice and, accordingly,he managed his posting in place of the petitioner that too as I/C BMO when the fact of the matter is that he is a junior most doctor, having 12 years? servicewhereas it is only the senior most Assistant Surgeon, who can be posted as BMO.

(3.) The petitioner has challenged the impugned transfer order primarily on following grounds :-