GULZAR AHMAD MAKLOO Vs. UT OF J&K

JUDGEMENT

(1.) This is a petition challenging the order of transfer dated 26.09.2019 whereby the petitioner who was working as Patwari Nazool, Srinagar is to swap his place of posting with respondent No. 6 who was working as Patwari, Halqa, Nandpora, Srinagar.

(2.) Counsel for the petitioner urged that the order impugned dated 26.09.2019 was bad and illegal on the grounds that (i) it was in violation of transfer policy as reflected in Government Order No. 861 of 2010 which prescribed a minimum tenure of two years to an employee; and (ii) it was arbitrary because the petitioner has been subjected to frequent transfers.

(3.) Both these grounds, in my opinion, are untenable and deserve to be rejected. In so far as the transfer policy as reflected in Government Order No. 861-GAD of 2010 dated 28.7.2010 is concerned, the same has already been held by a Full Bench of this Court in in Syed Hilal Ahamd and ors. Vs. State of J&K and ors, SWP No. 1476/2014 along with connected petitions, to be unenforceable as being without any statutory force of flavour. The petitioner, therefore, cannot succeed by urging that any transfer without completion of the two years tenure was premature and violative of the aforesaid Government order.