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HC issues directions in transfer case of CM's OSD 1/23/2015 11:10:27 PM Jammu, Jan 23: In a petition filed by Tariq Ahmed Kakroo who was transferred and on deputation basis posted as OSD in the Chief Minister's Private office at Srinagar challenging the Government Order No. 47-GAD of 2015 dated 15.01.2015 in which petitioner has been directed to report back to J&KSPDC and revival of his lien, Vacation Judge of J&K High Court Jammu Wing Justice HasnainMassodi after hearing AdvVikasMagotra appearing for the petitioner issued notice which was accepted by AAG HA Siddqui on behalf of the respondents. Court also directed that respondents to file Counter affidavit, if any, within two weeks and also Rejoinder within two weeks thereafter. Justice HasnainMassodi further observed that the State Government vide Govt. Order No. 301-GAD of 2009 dated 21.02.2009 transferred the applicant/petitioner on deputation basis and posted him as OSD in the Chief Minister's Private office at Srinagar. This was followed by Government Order No. 765-GAD of 2009 dated15.06.2009 whereby sanction was accorded to the creation of a temporary post of OSD in the pay scale of Rs.10,000-15,200 (pre-revised) in Chief Minister's Private Office at Srinagar. The applicant/petitioner in terms of the aforementioned order was to draw the salary against the post so created. The Manager Director, J&K State Power Development Corporation Limited vide communication No. ADM/EG-103/4052 addressed to Commissioner Secretary, General Administration Department, requested for repatriation of the applicant/petitioner to J&K State Power Development Corporation Limited but the request for repatriation of applicant/petitioner was turned down and the Managing Director, J&K State Power Development informed that his services were required as OSD in the Chief Minister's private office. The Corporation vide order No. PDC/CJ/65 of 2010 dated 20.04.2010 ordered termination of lien of the applicant/petitioner as Deputy General Manager (Legal) in JKSPDC w.e.f 19.04.2010. Justice HasnianMassodi after hearing counsel for the petitioner observed that Prima facie, there is substance in case set up and arguments advanced by learned counsel for the petitioner. I am of the opinion that the petition raises important issues for determination. I am satisfied that the applicant/petitioner on the strength of averments made in the petition, is able to make out a strong prima facie case at this stage. All three cardinal principles governing exercise of discretion, while dealing with an application for pendent-lite injunction tilt in favour of the applicant/petitioner and against respondents. In the meantime, Government Order No. 47-GAD of 2015 dated 15.01.2015 and order(s), if any, issued pursuant thereto shall remain in abeyance till next effective hearing and applicant/petitioner allowed to continue on the post he held prior to the aforesaid Government order. This shall not stand in the way of respondent No.1 to order applicant/petitioner's transfer to any other department in the Government against a post carrying same pay scale i.e Rs.10,000-15,200/- (pre-revised) and otherwise commensurate to his present status. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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