ASHOK KUMAR RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner in this writ petition seeking to quash and set aside order impugned No.23-FST of 2019 dated 17.01.2019 passed by respondent No.1 qua him. The contention of the petitioner is that he was sent on deputation as Range Officer, Jasrota Range Kathua and was selected for undergoing Assembly Level Master Training Course for conducting Lok Sabha Election of 2019 vide Order No.DYDEO/K/ 2019/11568 dated 16th January, 2019, but, respondent No.1 has transferred and repatriated him to his parent department, i.e., Social Forestry Department, and respondent No.6 has been transferred and posted as Range Officer, Jasrota Range vice petitioner. The petitioner has contended that in view of his selection to undergo Assembly Level Master Training Course, he will not be able to undergo the training course, as has been ordered by Deputy District Election Officer, Kathua and instructed by the Chief Electoral Officer, Jammu and Kashmir and thus, the entire exercise conducted on the instructions of Chief Electoral Officer, J&K, will be rendered useless and the petitioner will not be able to undergo the training for conducting of the Elections of 2019.

(2.) Notice was issued by this Court in this case on 24.01.2019 and order impugned bearing No.23-FST of 2019 dated 17th January, 2019 stayed.

(3.) The State respondent has filed objections to the main petition as also an application for vacation of stay order dated 24.01.2019 by contending that the order impugned dated 17.01.2019 was issued by the competent authority for professed purpose of administrative interest and the same does not violate any right of the petitioner nor does it inflict any evil or civil consequences upon the petitioner. Learned counsel appearing on behalf of respondents contends that it is settled position of law that no Government servant or employee has any legal right to be posted for ever at any particular place. He further contends that in view of the Full Court judgment of this Court passed in SWP No. 1476/29014 and other connected petitions titled Syed Hilal Ahmad and others v. State as reported in 2015(3) JKJ 398 an interference in the matters of transfers would warrant only in the case of (i) Transfer order passed in violation of statutory Rule, (ii) Transfer order passed for mala fide reasons and (iii) Transfer order passed by an incompetent authority. He further contends that insofar as the facts of the present case are concerned, none of the aforesaid grounds exist. Neither it is a case of the petitioner that the transfer order is in violation of any statutory rule nor malafide are alleged nor is the case of the petitioner that the impugned order has been issued by an incompetent authority. It is further contended that the petitioner is borne on the establishment of Social Forestry Department, and is figuring at S.No.2 in the final seniority list of Deputy Foresters, and the petitioner was neither placed/promoted against the post of Forester nor is holding the post of Forester on substantive basis, and as such, he is not figuring in the seniority list of Foresters issued by the Department on 07.01.2017. Learned counsel further contends that vide Govt. Order No.23-FST of 2019 dated 17.01.2019, Sh. Suresh Kumar, Forester (Territorial) has been transferred and posted as Incharge Range Officer, Jasrota Range, in place of the petitioner, who has been repatriated back to his parent Department, i.e., Social Forestry Department.