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2000 Supreme(J&K) 102

SYED BASHIR-UD-DIN
Nazir Ahmad Bhat – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Shabir Ahmad

1. Petitioner a Sr. Assistant posted since 23-04-1999 in Zonal Education Office Chandanwari Uri, has been transferred to Zonal Education Office Booniyar under order dated 23-05-2000 of Director Education (annexure-B). This order of transfer is impugned in this petition on the ground that his transfer has been ordered prematurely. Besides the order is passed on extraneous consideration and with malice.

2. The impugned order shows that the petitioner is transferred in the interest of administration and that too within one and the same allaqah of District Baramulla. Merely because the petitioner has been transferred within one year of his posting at Chandanwari alleged in violation of Govt. instructions, is no ground to interfere. There is a circular instruction on the record as submitted by the counsel requiring two years stay for an employee of the Education Department at a particular place. Such instructions have (Sic) statutory force. These are merely executive instruction. So long the petitioner is transferred on a transferable post, he has no right to remain at a particular place. Transfer in this case does not violate any legal right of petitioner. In absence of adequate pleas a





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