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DB issues notice to Govt on Qayoom Wani's appeal 3/14/2016 11:27:50 PM Early Times Report Srinagar, Mar 14: A Division Bench of the J&K High Court comprising Justice B L Bhat and Justice B S Walia today issued a notice to government on an appeal filed by union leader Qayoom Wani against the dismissal of his petition by the single bench of the court on March 4. Admitting the appeal, the Division Bench of the court ordered listing of the appeal for final consideration and posted it for arguments onMarch 17. Additional Advocate General Mohammad lqbal Dar also extended an assurance to the court that position existing as on date will be maintained till the matter is finally disposed of. Wani has challenged the verdict on a number of grounds including that one regarding the recent transfer policy by the education department. "By transferring Wani, the respondents have clearly violated the transfer policy notified by them on 22 December 2015," Wani says in the appeal. Wani president of Employees Joints Action Committee (EJAC) and School Education Employee Coordination Committee and had challenged the order (No. 26-Edu of 2016), whereby he was repatriated from SSA and later transferred to Tangmarg before Single Bench of the court. The court on March 4 had said if a government servant feels aggrieved of his transfer on legally recognised grounds, the law has provided a remedy; he has a right to approach the Court of law. Emphasizing that right to form associations is constitutionally guaranteed, the court had observed that the right carries with it certain limitations as well. Observing that Wani being the President of the Union along with other members of the union who were repatriated and transferred, the court had said the annexures placed on record by the petitioner himself demonstrate that large number of teachers/Masters/I/C-Headmasters were also transferred. "It is not within the competence of this Court in its writ jurisdiction to embark upon an enquiry into the questions of disputed facts to determine which of the two news items reports the correct version of the statement made by respondent no.2(director education) On that count alone, these writ petitions are not maintainable". The court had said that it is not a case where the petitioner has been singled out muchless for any extraneous consideration or that there has been any pick and choose resorted to by respondents.   Share This News with Your Friends on Social Network     Comment on this Story

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