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2017 Supreme(J&K) 432

SANJEEV KUMAR
Anil Suri – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. Abhinav Sharma, Advocate, Mr. S.S.Ahmed, Advocate, Mr. Vikram Sharma, Advocate
For the Respondents: Mrs. Seema Shekher, Sr. AAG. with Ms. Mehvish Shah, GA.

JUDGMENT :

1. The petitioners in all these four petitions are employees either of the Government Department or Autonomous Institutions like J&K Khadi and Village Industries Board, Jammu and have been stated to be serving in the Transport Department on deputation after having been transferred/deputed by their parent departments. Having served in the department of Transport for years together, the petitioners claim that they have acquired an indefeasible right of being permanently absorbed in the Transport department and, therefore, cannot be repatriated to their parent departments. Since the grievance projected and the relief claimed in all these petitions are almost identical and have, therefore, been heard together and taken up for decision by a common judgment.

SWP No. 115/2006:

2. This petition has been filed by the two petitioners. The petitioner No. 1, a Junior Assistant in the Social Welfare Department of the State, was transferred to the office of Transport Commissioner, Jammu against the available vacancy vide Government Order No. 1564-GAD of 1997 dated 29.09.1997. The petitioner No. 2, a Supervisor of J&K Khadi and Village Industries Board, Jammu, was also similarly transferr















































































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