GH MOHD GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners 1 to 3 Patwaries and - No: 4 Girdawar, employees of the Revenue Department, seek a writ of certiorari to quash their transfer order No: Divcoin/153 -PTW/Estt dated 22.9.1989 contained in Annexure B to the petition, being not inconformity with the Rules.

(2.) THE case of the petitioners 1 to 3 is that: they are serving in District cadre carrying the pay scale not more than Rs. 900 -1830 while the petitioner No: 4 Girdawar carrying the pay scale of Rs. 1150 -2050, falling in District/Divisional cadres and their transfers from one District to another District can be ordered only in accordance with rule 10 of the J&K Civil Service Decentralisation of and Recruitment to Non -Gazetted Cadres) Rules, 1969 (hereinafter to be referred to as Rules of 1969) or Rule 16 (2) (2) of the Jammu and Kashmir Subordinate Services Recruitment Rules, 1987 contained in SRO 459 dated 15.9.1987 (hereinafter referred to as the Rules of 1987) respectively by the Head of the Department under the approval of Administrative Department and should be only in public interest with reasons to be recorded in the order in question.

(3.) ON coming up the petition before the court, Mr. R. Rasool, GA for the respondents/caveators, accepted the notice and he has filed the objections along with the enclosures and on direction produced the record for perusal of the court.