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2015 Supreme(J&K) 63

N.PAUL VASANTHAKUMAR, DHIRAJ SINGH THAKUR
Mohinder Nath – Appellant
Versus
Secretary of Government Power Development Department, Civil Secretariat, Srinagar/Jammu – Respondent


Advocates:
Advocate Appeared:
Mr. S.K.Anand, Advocate
Mr. G.S.Thakur, Advocate for R-1 to 3. Mr. S.K.Shukla, Advocate for R-4

Judgment :

N. PAUL VASANTHAKUMAR, C.J.


1. This LP Appeal is preferred against the order dated 9.2.2015 made in SWP No.1602 of 2013 wherein the appellant had challenged the order of transfer dated 17.7.2013 passed by the second respondent herein, in and by which the appellant was transferred and posted as Senior Assistant of Inspection Division, Jammu, in the place of 4th respondent, who was transferred and posted as Senior Assistant, EM and RE Wing (ED), Kathua.

2. The learned Single Judge dismissed the writ petition against which this appeal is preferred.

3. The main contention of the appellant is that the appellant was holding the post of Senior Assistant in the office of the EM and RE Wing (ED), Kathua, which is a divisional cadre post and he being a divisional cadre staff, cannot be transferred in the state cadre post, which is prohibited under Rule 23 of the J&K Civil Services Decentralisation and Recruitment Rules, 2010 and only to accommodate 4th respondent, the order of transfer was passed, which is a statutory violation and the transfer order is bad.

4. During the course of arguments, the violation of above said rule was pointed out, and this Court questioned the stand of th





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