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2015 Supreme(J&K) 448

N.PAUL VASANTHAKUMAR, HASNAIN MASSODI, BANSI LAL BHAT
Syed Hilal Ahamd – Appellant
Versus
State of J & K – Respondent


Advocates Appeared:
For the Appellant :M.Y. Bhat and Gulzar Ahmad Bhat Sapori, Advocates
For the Respondents:Jahangir Iqbal Ganai, Advocate General and S.A. Naik, AAG

JUDGMENT :

N. Paul Vasantha Kumar, J.

1. These matters were placed before the Full Bench on the basis of reference dated 16.07.2014 made in SWP Nos. 1476/2014 and 1481/2014 and reference dated 03.08.2014 made in SWP No. 1630/2014, noticing the two conflicting judgments rendered by this Court regarding the transfer of government employees, particularly, "as to whether the Jammu and Kashmir Civil Service Regulations providing for a minimum tenure of two years for purposes of transfer or the policy of transfer as framed by the Government vide Government Order No. 861-GAD of 2010, dated 28.07.2010 has any statutory force or flavour which could make it enforceable in law". Mr. M.Y. Bhat, learned counsel appearing for the petitioners argued the case and made legal submissions without referring to the facts of the cases by relying on the judgment of Hon'ble the Supreme Court reported in AIR 2014 SC 263 (T.S.R. Subramanian and Ors. v. Union of India and Ors.). The learned Advocate General argued on behalf of the respondents and contended that no government servant can insist that he be posted in a place for particular period and the Government Order dated 28.07.2010 is only an administrative





























































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