Tashi Rabstan, J. - (1.) This Letters Patent Appeal is directed against order dated 07.05.2018 passed by the learned Single Judge in SWP No. 797/2018 whereby writ petition filed by the writ petitioner-appellant has been dismissed being without any merit.
(2.) The writ petitioner-appellant by way of SWP No.797/2018 had sought quashment of impugned Order No.37-DCP of 2018 dated 27.04.2018; with a further direction to respondents Nos. 1 and 2 to continue the writ petitioner-appellant to complete the term as per Govt. Instructions issued vide Govt. Order No.60-PDD dated 02.04.2016; and with a further direction to respondents 1 and 2 to issue fresh order of posting of writ petitioner-appellant as well as respondent No.3 in consonance with the said Govt. Instructions, on the ground that the same had been issued in violation of the transfer policy as laid down in Govt. Order No.60-PDD of 2016 dated 02.04.2016 framed in terms of the transfer policy issued vide Govt. Order No.861-GAD of 2010 dated 28.07.2010.
(3.) The facts in brief are that after appointment, writ petitioner-appellant vide Order No. CEJ/Adm/190 of 2010 dated 08.07.2010 was directed to report to Sub Division IV in Kalakote, where he served till 2014. By Order No.42-DCP of 2014 dated 24.06.2014, the general transfer orders were issued, by which the writ petitioner-appellant was posted in the Direction Office Commercial and Survey Wing, Jammu. It may be noticed that C&S Wing falls under category B of the sensitivity. After putting in about two years in this C&S Wing, the writ petitioner-appellant vide Order No.95-DCP of 2016 dated 21.11.2016 was posted in SD Store ED Kathua (EM&RE)-Sub Division Store Electric, Division, which post fell under the Category A1 as per the Government Instructions on Transfers and Postings in Power Development Department (Annexure-C to writ petition). It is claimed that while the writ petitioner-appellant had not even completed his minimum tenure of two years, respondent No.2 issued impugned Order No.37-DCP of 2018 dated 27.04.2018; by virtue of which a single transfer has been effected with respect to respondent No.3 and that too on the last date of closure of offices of Darbar Move. It is averred that the impugned transfer order provides that in the interest of administration, respondent No.3 who is posted as Junior Engineer in Electric Central Store Division, Jammu, is transferred and adjusted against the post of JE Electric Division, Kathua, Sub Division Store and is directed to take charge from the writ petitioner-appellant during the physical verification of the Store. It is contended that Govt. Instructions envisage rotation of employees. As per Clause A of the Govt. Instructions issued vide Govt. Order No.60-PDD of 2016 dated 02.04.2016, the posts in the Department were allotted categories as per sensitivity. The Categories are A1, A2 and B and the details are provided in the said Govt. Instructions, which reads as under: " It has been stated that the rotation of employees shall be done in a manner so as to maximize the chances to each employee to work in the posts of different categories. However, since the number of posts available in three categories may differ, the officers having longest service in category A1 posts shall be first posted to a post in category B, as required. No officer working against a post in category A1 will be transferred and posted in A1 or A2 categories consecutively. ";