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2010 Supreme(J&K) 547

Aftab H.Saikia, Sunil Hali
Rani Kour – Appellant
Versus
State – Respondent


Advocates Appeared:
S.K. Shukla, R.S. Jamwal, P.N. Raina.

Per Sunil Hali, J.

1. The appellant came to be appointed as Junior Staff Nurse on 28th August, 1987 and was posted in Government Medical College, Srinagar. While the appellant was serving in the Government Medical College, Srinagar, she and her husband faced threat to their lives from the militants in view of the disturbed law and order situation in the valley during the year 2000. On the threat perception from the militants, the appellant along with her husband sought their transfer from Srinagar to Jammu. Acceding to her request by respondent no.1, she came to be transferred against an available vacancy in Govt. Medical College Hospital, Jammu vide Govt. Order No.685-HME of 2000 dated 11.10.2000. This arrangement continued when post held by her along with other posts came to be transferred to Govt. Dental College, Jammu permanently vide Govt. Order No. 103-HME of 2006 dated 23.02.2006. Resultant effect of order was that she came to be appointed against a newly created department, which was independent of the service on which she was borne.

2. The dispute with regard to her enlistment in the seniority list issued by respondents became subject matter of challenge in writ petition bei








































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