N.PAUL VASANTHAKUMAR, HASNAIN MASSODI, BANSI LAL BHAT
Syed Hilal Ahamd – Appellant
Versus
State of J & K – Respondent
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
T.S.R. Subramanian and Ors. v. Union of India and Ors
Sudarshan Kumar Mishra and Ors. v. State and Ors.
Ghulam Nabi Shah v. State of J & K and Ors. 2013 (4) JKJ 297 [HC]
Vasanlal Magan Bhai Sanjanwala v. State of Bombay
Mohammed Hussain Gulam Mohammed v. State of Bombay
Trivedi and sons, D.K. v. State of Gujarat
Post Master General, Kolkata v. Tutu Das Dutta
Punjab Water Supply & Sewerage Board v. Ranjodh Singh and Ors. (2007) 2 SCC 491
E.P. Royappa v. State of Tamil Nadu and Anr. AIR 1974 SC 555
B. Vradha Rao v. State of Karnataka and Ors. AIR 1986 SC 1955
State of Punjab v. Joginder Singh Dhatt
National Hydroelectric Power Corpn. Ltd. V. Shri Bhagwan
State of U.P. And another v. Siya Ram and another
Union of India v. Janardhan Debanath
Mohd. Masood Ahmad v. State of U.P.
Chief Commercial Manager, South Central Railway v. G. Ratnam
Government of A.P. v. G. Venkata Ratnam
Novartis India Ltd. v. State of W.B
Tushar D. Bhatt v. State of Gujarat
State of Haryana v. Kashmir Singh
Registrar General High Court of Judicature at Madras v. R. Perachi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.