SANDEEP SHARMA Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-39
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 11,2020

SANDEEP SHARMA Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)The petitioner is aggrieved and assails the order of his transfer issued vide Government order No. 11-JK (Horti) of 2020 dated 31.01.2020 whereby he has been transferred from Khour and posted as HDO, Kishtwar with additional charge of HDO, Chhatroo. The impugned order has been challenged primarily on the ground that petitioner suffers from 35 per cent disability of lower right limb and therefore, is not physically fit to serve in the areas of Kishtwar and Chhatroo. He has submitted that the respondents without taking note of his disability have passed the impugned order arbitrarily. Reliance has been placed on the judgment rendered by this Court on 01.01.2016 in SWP No. 2166/2013.
(2.)Having heard learned counsel for the petitioner and perused the record, I am of the view that the issue raised by the petitioner is one that can be better considered by the respondents at their own level. If upon consideration, the respondents find that the disability with which the petitioner suffers is such as would not permit him to perform his duties in the areas of Kishtwar and Chhatroo, an appropriate orders may be passed by the Government. This Court is not in a position to look into these facts.
(3.)This writ petition, in the given facts and circumstances, is disposed of by directing the Commissioner/Secretary to the Government Department of Horticulture to re-consider the case of the transfer of the petitioner in the light of his disability as certified by the Board of Doctors which is appended with this petition as Annexure-III. While taking decision, respondents shall also take note of the judgment dated 01.01.2016 delivered in SWP No. 2166/2013.
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