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Govt reserves 'right to transfer' anywhere and anytime: HC 10/31/2015 11:10:32 PM Jammu, Oct 31: In a landmark judgment Justice Dhiraj Singh Thakur holds that government reserves the right to transfer any of its employee anywhere and anytime and thus can transfer employee during any time of service is lawful and no excuses acceptable. Justice Dhiraj Singh Thakur after hearing both the appellant and the respondent concluded that the petition has no weight i.e. challenging pre-mature transfer and hence the same is dismissed accordingly. Petitioner has challanged his transfer under govt order no. 861-GAD of 2010 dtd. 28/7/2010. Adv Rupinder Singh pleaded the case of Purshtoam Lal before the court whereas it was countered by Aitional Advocate General (AAG) Ahsan Mirza from the side of respondents. Pleading from the respondent side the Additional Advocate General Ahsan Mirza apprised the court that the said order under which the petitioner is taking shelter does not have any statutory force as the same is no longer in existence as the same has been ruled out by the full bench of High Court of J&K in a judgement against Syed Hilal Ahmad & ors Vs. State of J&K & ors vide SWP no. 1476/2014. AAG Ahsan Mirza also urged upon the Judge that there should remain some excretory powers with the ruling authority so that in case of emergency/need any transfer be made for the smooth running of the work of the govt and its related agencies. He also argued when the govt or any other agency whether government, semi government or private engages a person on payroll or daily wages then it means that they have to take certain assignment(s) from that employee so it should be in their jurisdiction that when and where to take the services of their employee. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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