YASIN HUSSAIN Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner admittedly is suffering from multiple ailments more particularly from heart disease; twice stunts have been implanted. On medical grounds he had all along representing for his adjustment in Jammu so as to enable him to discharge duties smoothly. In essence petitioner wants to discharge his duties but his health condition is such which requires providing him the posting at the place which shall be advantageous for him as well as for the department. His representations have been considered from time to time by the respondents and he has been posted at the places which were inkeeping with his health condition.

(2.) Vide order No. 369-DSEJ of 2015 dated 19.06.2015 transfers/postings in the interest of administration include petitioner who has been transferred and posted in HSS Surianser, Jammu, admittedly a hilly terrain; very difficult for him to discharge his duties in the said school.

(3.) Confronted with the peculiar circumstances he has filed detailed representation requesting the respondents that in-keeping with his health condition he may be adjusted at some other place. The representation dated 22.06.2015 has remained pending with the respondents. In the meantime petitioner filed writ petition bearing SWP No. 2936/2015 which has been disposed of vide order dated 02.11.2015 directing the respondents to have re-look on the representation of the petitioner dated 22.06.2015 seeking modification of his transfer on medical grounds and to release his legitimately earned salary.