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| HC stays transfer of Naib Tehsildar Kishtwar on medical grounds | | | Asif Iqbal Naik
Early Times Report
Kishtwar, Dec 9: In a significant development after full bench judgement of Jammu and Kashmir High Court wherein court on August 31st, 2015 held that Government can transfer its employee at any time notwithstanding the fact that employee has not served for minimum of two years at a particular Station or post, the single bench of Jammu and Kashmir High Court stayed the transfer of Naib Tehsildar Kishtwar on medical grounds and directed the respondent Commissioner Secretary to Government Revenue Department and Deputy Commissioner Kishtwar to allow the petitioner (Naib Tehsildar Kishtwar) to continue on present place of posting and kept the order No. 169-Rev of 2015 Dated 02-12-2015 to the extent it pertains to petitioner in abeyance.
As per the details available with "Early Times", 57 year old petitioner Mehraj-ud-Din son of Gushar Ali resident of village Dool Kishtwar transferred from the post of Naib Tehsildar Kishtwar to far flung area of Marwah through his counsel Fayeem Shokat Butt approached the Jammu and Kashmir High Court soliciting pray for stay of his transfer on medical grounds.
The counsel of the petitioner pledge before the honourable court of Justice Mohammad Yaqoob Mir in SWP No. 3141/2015, MP No. 1/2015 titled Mehraj-ud-Din Vs State of Jammu and Kashmir through Commissioner Secretary to government, revenue department, civil secretariat Jammu/Srinagar, DC Kishtwar and Aziz Mohammad I/C Naib Tehsildar Pather Naki, Tehsil Nagseni, District Kishtwar stated that the petitioner was transfer and posted as I/C Naib Tehsildar Marwah and aggrieved thereof filled a petition before the court.
The petitioner Counsel while admitting that the transfer is an exigency of service and in the interest of the administration, postings and transfers are imperative, which cannot be denied submitted that case of the petitioner is such which deserves some consideration as by posting the petitioner at far of place will have direct bearing on the life of petitioner.
The counsel of the petitioner while submitting his submission has relied on various documents placed on record which reveals that due to acute coronary Syndrome, the petitioner has been airlifted from Kishtwar to Jammu and then shifted from Jammu to Haryana and the certificates issued by the Medanta Super Specialty Hospital Gurgaun suggests that the petitioner underwent check coronary angiography which revealed Triple Vessel Disease. On Discharge the petitioner has been advised to be on medication and also requires regular check up.
"The position of the petitioner as projected from the prescription as already placed on record as also by the communication of Divisional Commissioner Jammu suggesting that the petitioner had been airlifted from Kishtwar, under such circumstances, respondents authority, viewed thus, are required to look into the representation of the petitioner.
Till the case of the petitioner is considered in the light of the above mentioned facts and some decision is taken. Government order No. 169-Rev of 2015 Dated 02-12-2015 to the extent it pertains to petitioner shall not be carried on." Read the HC judgement.
It is pertinent to mention that the full bench of Jammu and Kashmir High Court comprising Chief Justice N P Vasanthakumar, Justice Hasnain Masoodi and Justice B L Bhat while disposing of a bunch of petition held that the Government employee can be transferred by the Government and for that there will not be any excuse that the employee should be allowed to work on the post or station for minimum of two years.
Meanwhile despite the fact that Tehsildar Kishtwar endorse the High Court order and allowed the petitioner to resume his duty, the Naib Tehsildar who was posted against the post of the petitioner reportedly refuse to vacate the office forcing the petitioner to start its functioning from Tehsildar Kishtwar office. The matter with regard to refusal of vacating the office by the officer has also been brought into the notice of higher authorities. |
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