SHABNAM NAZ Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-27
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 11,2020

Shabnam Naz Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Rajesh Bindal,J. - (1.)The petitioner had approached this Court impugning the order of her transfer dated 31.08.2016, whereby she was transferred from GHSS Jullaka Mohalla, Jammu to CEO Poonch. She is working as Master in the Education Department.
(2.)While issuing notice on 23.09.2016, this Court passed the following order:-
'Notice. 'Dasti' service is also permitted.

It is a case of transfer from Jammu to Poonch.

The grievance of the petitioner is twofold. Petitioner pleads that her health condition has suffered seriously due to which a surgery that she underwent for removing the gall- bladder. Further there is also a requirement for removal of her Uterus, therefore, moving to a place far away from the city of Jammu would be detrimental to her health.

The other issue raised by the petitioner is that there is a threat perception to her and her entire family. Her life and liberty is in danger.

On the plea of ill health which impares her from joining the place of transfer, the present petition is filed. The rules provide for constitution of a Medical Board to consider such plea. Mr. Salathia, learned senior counsel undertakes that the petitioner will approach the Director School Education, department or such other competent authority immediately so as to refer her case to the medical Board. If such a request is made the said Medical Board shall consider the issue without any further delay and its report shall be submitted to the authority on or before 7th October, 2016.

The other issue, namely, threat perception is concerned, Mr. Salathia states that report of the police authority will be submitted.

Petitioner relies upon a writ petition bearing SWP No. 1565/2005, filed earlier in which respondents were directed not to transfer the petitioner to District Poonch on account of threat perception. These facts are subject to verification by the authorities.

Subject to compliance of the above direction and considering the issues raised as above, this Court is inclined to grant interim suspension of the order of transfer dated 31.08.2016, qua the petitioner till 07.10.2016. List on 7th October, 2016.'

(3.)The grounds of challenge are the health condition of the petitioner and certain threat perception received by her.
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