LAWS(J&K)-1999-2-21

S MANMOHAN SINGH Vs. STATE

Decided On February 17, 1999
S Manmohan Singh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) WHO has to decide about location of an office and can such order directing the particular office will have its head quarter at a particular place be questioned being discriminatory are the questions which need to be determined in the present writ petition. At the time when this writ petition was filed claim of all the petitioners was identical, however from the objections filed by the respondents it is clear that petitioners 9, 15, 27 and 32 have been detailed to work at some other places, whereas petitioners 21, 22 & 23 were casual labourers and petitioner no.26 was attached in the Office of Conservator of Forest at Jammu. Regarding other petitioners stand of the respondents is that they are divisional cadre employees and as such their grievance that they are district cadre employees is untenable.

(2.) BRIEF facts giving rise to this case are that the State Government vide Government Order No: 34 -FST of 1981 dated 20.2.1981 ordered the re -constitution of Forest Circles and their location at different places. Copy of this order is placed by the petitioner as Annexure PA with the writ petition and by the respondents as Annexure R2 with their objections. This order was issued on the basis of Cabinet Decision No: 565 dated 29th December, 1980. For the present writ petition, petitioners are concerned with the location of office of Conservator of Forest, West Circle at Rajouri.

(3.) IT is very strange that Cabinet had decided almost two decades ago to reconstitute the circles as well as places where the head quarters of such circles were to be located, for reasons best known to the authorities concerned though the cabinet decision was holding the field, still the head quarters were not being shifted.