MOHD SIKANDER BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has been transferred from Karnah and is posted as Horticulture Assistant Rajouri against the available post with effect from 9.6.1988 by an order No. 412 -Agri of 1988 dated 9.6.1988 issued by the Addl. Secretary to Government Agricultural Department. Pursuant to the Govt. order transferring the petitioner District Horticulture officer has directed the petitioner to report to District Horticulture officer, Rajouri and petitioner is also relieved from Karnah on 10.6.1983 FN. No joining time is permitted to the petitioner.

(2.) THE order of transfer is challenged by the petitioner on the ground of malafides and on the ground of being violative of Govt. circular dt. 16.6.1988 which lays down the policy of transfer. However, the circular relied on by the learned counsel for the petitioner was subsequent to the impugned order of transfer, therefore, he produced before us order No. 447 -GR of 1977 dated 4.6.1977.

(3.) FROM the combined reading of both the orders it appears that the Govt. has laid down procedure for transfer and posting of its officers. Circular dated 16.6.1988 will not apply to the petitioner because it will not have retrospective effect. However, by the earlier order dated 4.6.1977 it was provided that the proposals for transfer should be submitted for consideration of Govt. and no person would ordinarily be liable to be transferred before the expiry of two years term, nor can an employee remain at a particular place for more than three years except in extra ordinary circumstances which are to be reported to the Govt.