KOUNSAR JABEEN Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of the Government Order No.118-PW (Hyd) of 2019 dated 15.02.2019, whereby the petitioner has been transferred from Hydraulic Division, Kargil and directed to report to Chief Engineer, PHE, Kashmir till further orders. The order impugned has been assailed primarily on the following two grounds:-

(2.) Learned counsel for the petitioner, besides highlighting the aforesaid grounds of challenge, also relies upon the communication of the Executive Councilor, LAHDC Kargil issued vide his No.LAHDC-K/EC/PWD/19 dated 21.02.2019, whereby the recommendation has been made to the respondent no.1 to rescind the order of transfer of the petitioner impugned in this petition.

(3.) I have heard learned counsel for the petitioner and perused the record. As is apparent from the order of Executive Engineer, PHE Kargil issued vide his No.PHE-K/Estt/254-54 dated 23.05.2017, the petitioner, who was earlier posted as Incharge Executive Engineer, PHE Division Kargil was transferred to R&B Division IInd, Kargil. It is, thus, seen that the petitioner, at the time of issuance of the order, was not serving in PHE Division, Kargil but was posted in R&B Division IInd, Kargil.