NASEER AHMED Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner has called in question the order of his transfer issued by respondent No.3 vide No. CEO/D/Estt/4581-86 dated 26.5.2018 whereby the petitioner has been transferred from Government High School, Barshalla to Upper Primary School,Batara. Challenge to the order impugned of transfer has been thrown primarily on two counts ; one that it is in violation of Circular No. 7-Edu of 2018 dated 4.4.2018 issued by respondent No.1 banning mid- term transfers in the Winter Zone Schools of Jammu Division and second that it is actuated by mala fide consideration.

(2.) Having heard learned counsel for the parties and perused the record, I am of the considered opinion that challenge to the impugned order is not sustainable.

(3.) The petitioner was initially appointed as ReT in Government Middle School, Sunarthwa and later on regularized as General Line Teacher on successful completion of service of five years as ReT vide Order dated 30.2009 issued by respondent No. 4. The petitioner was subsequently attached in the office of Zonal Education Officer Thathri on 2.6.2009. There is another order placed on record by the petitioner issued by the Zonal Education Officer, Thathri on 8.7.2010 which indicates that the petitioner was then transferred and posted in High School, Jangalwar. Respondent No.3 thereafter, transferred the petitioner to High School, Barshalla against the available vacancy vide its order No.CEO/D/Estt/20105-06 dated 4.7.2014. In the year 2018, respondent No.3 vide his order dated 24.2018 directed that all the teachers who had been regularized after serving as ReTs, are required to be transferred and posted back to their original place of posting where they were initially engaged as ReT.