Early Times Report
srinagar, Apr 21: The state high court today dismissed a petition filed by a government employee, challenging his transfer order, saying that he couldn't be allowed to make lame excuse of not working or serving the state and its people even at a distance 10 or 20 Kms within or outside his native district. Mansoor Ahmad, working as assistant accounts officer in R&B, had challenged his transfer from Chadoora to Srinagar. The court dismissed the petition, saying there was no merit in it.
"The petitioner cannot be permitted to make lame excuses of not working or serving the state and its people even at a distance of, say 10 to 20 Kms within or outside his native district," Justice Tashi Rabstan said.
A full court judgment referred in the dismissal order stated that a government servant had no enforceable right to insist that he or she be permitted to serve for definite or specific period at a particular station or a post and that the government policy, if any, as regards transfers was an executive order, had no statutory force and hence could not be enforced through the court of law.
"In the case in hand, neither there is any challenge to the competence of authority to issue the transfer order nor there is any allegation of violation of statutory rule. Precisely impugned transfer order has been assailed on the ground of non-adherence to the transfer policy," the court said and observed that it was a very sad state of affairs that persons like the petitioner were trying to elude the responsibilities that were cast upon them the moment they joined the govt service.
"It cannot be said that it is unknown to everyone that today's youth particularly in J&K, which has limited resources, are facing alarming unemployment and they are ready to serve and work not only in any part of the country but outside the country as well," the court added.
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