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2020 Supreme(J&K) 58

RAJESH BINDAL
Mohd. Ahsan Zargar – Appellant
Versus
Union Territory Of J&K – Respondent


Advocates Appeared:
Mr. B. S. Salathia, Sr. Advocate with Mr. Pulkit Churungoo, Advocate, for the Appellant; -, for the Respondent

JUDGMENT

1. The petitioner has filed the present writ petition impugning the order dated 05.02.2020 vide which he has been transferred from Municipal Committee, Banihal to Municipal Committee, Bhaderwah.

2. Learned counsel for the petitioner submitted that the petitioner was posted at Banihal in October, 2019 merely three months thereafter, he has been transferred to Bhaderwah. He further submitted that the petitioner is to retire in about two years time. The order passed is malifide as charge of the post from which the petitioner is transferred has been given to the Executive Officer. That means the post is still lying vacant and the transfer has been made only to disturb the petitioner.

3. After hearing the learned counsel for the petitioner, I do not find any reason to interfere in the present petition.

4. It cannot be disputed that transfer is an incidence of service. It is for the competent authority to decide as to how and at which place an employee has to be posted. Though there are policies framed for guiding in transfer matters, however, those also have been held to be not justiciable. It is only in rare cases that the Courts interfere.

5. Vide order dated 30.10.2019, the p

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