MAJID UR REHMAN Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-1-26
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 23,2020

Majid Ur Rehman Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents


Referred Judgements :-

SYED HILAL AHAMD AND ORS. VS. STATE OF J & K AND ORS. [REFERRED TO]


JUDGEMENT

Sindhu Sharma,J. - (1.)Petitioner was appointed as Class-IV (Orderly) in Rural Development Department, District Ramban vide order No. 471-ACDR of 2015 dated 09.09.2015 and was adjusted in the office of Block Development Office, Gandhri. During his service in Block Gandhri, he requested respondent No. 3 for his transfer to Block Development Office, Sangaldan on medical grounds.
(2.)Respondent No. 3 vide his order dated 09.08.2018 transferred the petitioner in Block Sangaldan and on 16.01.2020 he was transferred to Block Development Office, Gandhri. Aggrieved of his transfer to Block Development Officer, Gandhri, he assails the same on the ground that the impugned order is against transfer policy formulated vide Government order No. 861-GAD of 2010 dated 28.07.2010. The transfer order is also bad as he was transferred in Block Sangaldan on medical grounds and without hearing him, he is transferred to Block Gandhri, thus, it is arbitrary, illegal and against principles of natural justice.
(3.)It is submittedthathe is suffering from serious ailments and has undergone two surgeries from the PGI, Chandigarh, as such, considering his medical health, he should not have been transferred.
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