MOHAMMAD ASHRAF PARRAY Vs. STATE OF J&K

JUDGEMENT

(1.) By medium of the instant petition, filed under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioner has assailed the validity of order bearing No. DCK/SQ/Estt/19/625-30 dated 15th of July, 2019 issued by the Deputy Commissioner, Kupwara/ respondent No.3 herein insofar as it directs transfer of the petitioner from Patwari Halqa Lalpora, Tehsil Lapora and posting him at Patwari Halqa Harduring, Tehsil Machil, Kupwara. A 'Writ of Mandamus' is also sought by the petitioner thereby commanding the respondents to allow the petitioner to discharge his duties at Patwari Halqa Lalpora, Kupwara, Kashmir, without any let or hindrance.

(2.) Mr Mohsin Qadri, the learned counsel representing the petitioner, submits that by virtue of the order impugned, the petitioner has been transferred to a high altitude region of Kashmir Province near the LOC which is about 70 Kilometers (Kms) far from the residence of the petitioner and having regard to the serious health complications being faced by the petitioner, i.e. Pulmonary Disease; and Chronic Obstructive Airway Disease (COAD), coupled with the medical advice given to the petitioner as regards avoiding travelling to long distances, the transfer of the petitioner has the effect of putting to serious threat the life of the petitioner. The learned counsel further contended that apart from the health complications, since the petitioner is at the verge of retirement from service upon reaching the age of superannuation, therefore, he is required to be posted near the direction office for finalization of his all service and retirement related papers. In support of his case, the petitioner has placed reliance on the communication of the Sub Divisional Magistrate, Lolab, Sogam, bearing No. SDM/N/Estt/9/60 dated 17th of July, 2019 addressed to Deputy Commissioner, Kupwara.

(3.) At the first blush, what requires to be stated, herein this case, is that transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding a transferable post has no right to insist that he/she should be allowed to serve at a particular place for a particular period.