MOHAMMAD HUSSAIN Vs. STATE OF JK & ORS.

JUDGEMENT

(1.) This writ petition is filed by one Mohammad Hussain S/o Haji Mohammad Abbas R/o Village, Baroo, Kargil, before the Jammu wing of the High Court, on the ground that in view of the recent heavy snowfall in Kashmir Valley as well as in his home District, i.e. Kargil, the petitioner could not file the instant petition before the Srinagar wing of the High Court. Accordingly, a motion was laid for seeking permission to file the writ petition before the Jammu wing of the High Court which has been allowed by Hon'ble the Chief Justice. Thereafter, the learned Registrar Judicial of the Jammu wing of this High Court, in terms of her communication dated 30th of January, 2019, has forwarded the writ petition to the Registrar Judicial of this wing of the High Court for further necessary action. On receipt of the said communication, the learned Registrar Judicial of this wing of the High Court has, vide her note dated 8th of February, 2019, observed that in terms of Circular No. 94 dated 7th of December, 2018, the writ petition in question is needed to be registered and numbered in this wing of the High Court and that same may be heard via video conferencing by a Bench of this Court having the roster. It is in the said backdrop that the instant petition is listed today before this Court and is being heard through Video conferencing.

(2.) The petitioner, by medium of this petition, filed under Article 226 of the Constitution of India read with Sec. 103 of the State Constitution, has assailed the validity of Government Order No. DG- YSS/Estt/8900-8906 dated 14th of January, 2019, issued by respondent No.2, whereby and whereunder the petitioner has been attached with the office of Zonal Physical Education Officer, Kargil, till further orders and Mr Jaffer Husain, I/C ZPEO, Kargil, respondent No.3 herein, has been ordered to lookafter the work in District YS & Sports Office, Kargil, in addition to his own duties till further orders. A writ of mandamus is also sought directing the respondents to allow the petitioner to continue as I/C District Youth & Sports Officer, Kargil.

(3.) The facts, as these emerge from a study of the file under consideration, are that the petitioner claims to be the senior-most employee of the respondent Department, having a clean and unblemished service carrier. It is stated that the petitioner, while performing his duties as I/C District Youth and Sports Officer, Kargil, in terms of order No. 44-Edu(YSS) of 2018 dated 6th of March, 2018, was deprived of the said posting and the same was assigned to Assistant Director, Tourism. Aggrieved thereby, the petitioner approached this Court through the medium of writ petition, being SWP No. 614/2018. In the said writ petition, this Court, vide order dated 23rd of March, 2018, stayed the operation of the aforesaid order dated 6th of March, 2018. Thereafter, it is contended that although, in compliance of the directions of this Court, the respondents allowed the petitioner to continue discharging his duties as I/C District Youth and Sports Officer, Kargil, but they were not allowing the petitioner to exercise the powers of Drawing and Disbursing attached to such posting, constraining the petitioner to file an application before this Court which came to be registered as MP No.02/2018. This application, on consideration, was entertained by this Court on 11th of May, 2018, whereby, while issuing notice to the respondents, this Court directed the respondents to comply with the earlier directions passed by this Court on 23rd of March, 2018, in letter and spirit and allow the petitioner to exercise Drawing and Disbursing powers. It is submitted that pursuant to the directions passed by this Court dated 23rd of March, 2018 and 11th of May, 2018, the petitioner was continuously discharging his duties in the respondent Department as I/C District Youth and Sports Officer, Kargil, with utmost dedication and sincerity. However, in terms of order No. DG-YSS/Estt/8900-8906 dated 14th of January, 2019, issued by respondent No.2, the petitioner has been attached with the office of Zonal Physical Education Officer, Kargil, till further orders and Mr Jaffer Husain, I/C ZPEO, Kargil, respondent No.3 herein, has been ordered to lookafter the work in District YS & Sports Office, Kargil, in addition to his own duties till further orders. This order has been called in question by the petitioner herein this petition.