TIRATH RAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This case has been taken up today and is being disposed of finally at preliminary hearing stage in view of the short controversy involved therein.

(2.) Petitioner complains of his transfer as Physical Education Master from his present place of posting i.e. Govt. Higher Secondary School (Boys), Domana to a similar school at Basantgarh vide Order No. DYSS/11-32 dated 1st May, 1998 issued by respondent No. 2, who is working as Director in the Directorate of Youth Services and Sports, Government of Jammu and Kashmir. Sole ground pressed in support of this petition is that Election Commission of India has notified Bye-Election of 72-Jammu East Assembly Constituency in Jammu District and it is going to take place on 3rd June, 1998. Notification in this behalf was issued by Government of Jammu and Kashmir, Department of Information on 27th April, 1998, that Model Code of Conduct had come into force in Jammu and District with effect from April 22, 1998.

(3.) Mr. Goni, learned Senior Additional Advocate General was called upon to support the order of transfer, contained in Annexure "B" to the writ petition so far it relates to the petitioner in view of the peculiar circumstances having arisen on account of Bye-Election to 72-Jammu East Assembly Constituency in Jammu District. It is not in dispute that the petitioner is presently working in Jammu District at Domana in the employment of respondents. Shri Goni while opposing this writ petitioner submitted that the order is well within the jurisdiction of authorities concerned and petitioner is not entitled to any relief whatsoever claimed in the present writ petition as it is passed in public interest by a competent authority and transfer being exigency of service, writ petition was liable to be dismissed. Alternatively it was urged that in case still the court finds that the impugned order is defective, the petitioner before coming to this court should have approached the authorities concerned, who after examining the whole matter would have allowed admissible relief, if any, to the petitioner. On both these counts he urged for dismissal of the writ petition.