IMTIYAZ ALI KHAN Vs. STATE OF JK

JUDGEMENT

(1.) By medium of this petition, the petitioner has assailed the validity of Order bearing No. FSI/Ser/17/2019 dated 27th of February, 2019, issued by the respondent No.1, whereby and whereunder the action taken vide Forest Order No. 10 of 2019 dated 9th of January, 2019, placing the petitioners at the disposal of Principal, KFT School, Chitternar, Bandipora for utilizing their services as Instructors in the KFT School Chitternar, Bandipora, has been confirmed.

(2.) The background facts leading to the filing of the instant petition are that the petitioners, substantively holding the posts of Forester in the Social Forestry Department, were, vide Forest Order No. 10 of 2019 dated 9th of January, 2019, issued by the Chief Conservator of Forests (Central), placed as the disposal of the Principal KFT School, Chitternar, Bandipora, for utilizing their services as Instructors in the KFT School, Chitternar, Bandipora with immediate effect. Feeling aggrieved of the said order, the petitioners, in an earlier round of litigation, approached this Court by medium of SWP No. 63/2019. The said writ petition, in terms of order dated 17th of January, 2019, was, on the basis of the submission of the learned counsel for the petitioners, was disposed of by directing the petitioners to file a representation to the respondent No.1 with a further stipulation that on receipt of the said representation, the respondent No.1 shall consider and decide the same and till such time, the status quo vis-a-vis it existed that day was directed to be maintained. In pursuance of the directions of this Court, the respondent No.1 has issued order No. FSI/Ser/17/2019 dated 27th of February, 2019, whereby the action of the Chief Conservator of Forests (Central) in placing the petitioners at the disposal of the Principal, KFT School, Chitternar, Bandipora, has been confirmed. This order has been, now, challenged by the petitioners in the instant petition.

(3.) Learned counsel for the petitioners submits that the petitioners have been subjected to hostile discrimination as despite availability of senior officers than the petitioners in their division, only the petitioners have been singled out and placed at the disposal of the Principal, KFT School, Chitternar, Bandipora causing prejudice to the rights and interests of the petitioners. The learned counsel further submits that the order impugned has been issued in violation of the rules and the law as the Principal Chief Conservator is an incompetent officer to order transfer/ placement of the petitioners. It is further contended that the order impugned amounts to punishment and is based on vengeance as it does not mention the posts on which the petitioners have to join. The learned counsel has further proceeded to state that three consecutive orders came to be issued by the respondents with regard to the transfer/ posting of the petitioners only to harass and humiliate the petitioners, coupled with the motive to accommodate some of their blue-eyed employees.