ABDUL RAHID Vs. STATE OF J & K

JUDGEMENT

(1.) Order passed by the Executive Engineer, Public Health Engineering Division, Doda bearing No. PHED/D/GE/2019-20/1291-94 dtd. 10/7/2019, whereby the petitioner has been transferred from PHE Sub Division, Doda (E) to PHE Sub Division Chiralla H/Qtr. Bhella, is subject matter of challenge in this writ petition.

(2.) The petitioner assails the order impugned primarily on the ground that he is at the verge of his retirement and is only left with eight months' service. He claims that at the fag-end of his career, the respondents should not have passed the order impugned and shifted him to a far off Sub- Division. Reliance in this behalf has been placed on the Division Bench judgment of this Court passed in the case of Tahira and ors vs. State and ors., 2003 (3) JKJ(HC) 345, wherein the Division Bench has observed that the employees nearing superannuation should be posted near their places of residence and should not be transferred.

(3.) Having heard learned counsel for the petitioner and perused the record, I am of the view that though the petitioner has no right to claim posting at a particular place of his choice. However, taking into consideration that the petitioner is nearing his retirement and is left with only eight months service, it is found necessary in the interest of justice to direct the respondents to consider his grievance as projected in this writ petition and take a compassionate view in the matter. Let the respondents consider the grievance of the petitioner in light of the averments made in the writ petition as also the observations made by the Division Bench in Tahira's case (supra) and pass appropriate orders within a period of four weeks from the date, a certified copy of this order along with copy of the writ petition is served upon the respondent No. 3. Till an appropriate decision as directed above is taken, present posting of the petitioner shall not be disbursed.