ASHRAFA JEELANI Vs. STATE OF J AND K

JUDGEMENT

(1.) In this appeal ad-interim order dated 7.10.1997 of Hlrd Additional District Judge, Srinagar on an application in main Civil Suit No. 18 of 1997 on the file of the subordinate court, is impugned.

(2.) Syed Bashir Ahmad, Senior Grade Lecturer in higher Education has been transferred from Government Degree College, Bemina to Islamia College, (both Colleges at Srinagar) under the orders of Director Higher Education Dated 5.9.1997. He has challenged this order of transfer in the civil suit pending before IIIrd Additional District Judge at Srinagar on the ground that as senior faculty member of the College at Bemina, he was discharging duties as Principal/Administrative head of the Bemina College as he was assigned the charge by the then Principal M.A. Khan on his transfer and posting as Director College of Education although no orders in writing, formal or informal to evidence this state-of-affairs exist on record. While acting as defacto Principal, the authorities were very keen to adjust and find same way for one Mohammad Abdullah Lone, Lecturer in higher education, though junior to the plaintiff, to become Principal of the Degree College at Baramulla. The incharge Principal Mrs. Dr. Ashrafa Jeelani was transferred to Bemina Degree College with a view to safeguard her interests. Plaintiff and two other senior most Lecturers of the College were transferred, Though the plaintiff and his colleagues had an inkling about the things to come, they represented against the move. But all the same the transfer orders were issued and obviously are based on mala fide erations considand stand issued in colourable exercise of powers to accommodate the said Mohammad Abdullah, alleged to be protege of some central Minister and Dr Ashrafa Jeelani. The transfer orders were issued not in public interest or to serve any public purpose, but with a view to serve and show undue benefit and favour to said two individuals. The transfer order is not issued as an exigency of service or in the interest of administration.

(3.) On these pleaded grounds in the main suit, a declaration is sought for declaring the transfer orders as void and inoperative and for an injunction restraining the defendants from giving effect to the orders in question, so far as the order concerns the plaintiff,