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HC stays transfer of cops ordered in violation of rules

Excelsior Correspondent
Srinagar, Nov 8: The State High Court today stayed the transfer of 119 constables in Jammu and Kashmir Police that were passed by the department against provisions of recruitment rules.
Justice D S Thakur after hearing the counsel for petitioners advocate Syed Musaib Ahmad in three petitions filed by the appointees of Kupwara, Budgam and Bandipora districts stayed the order of transfer (Order No. 916 of 2017, dated 16.10.2017) passed against the 119 constables from their district to other districts.
Advocate Musaib submitted before the Court that it is an arbitrary and illegal order. He submitted that the petitioners have been adjusted/transferred to the new place of posting/District despite the fact that they have been appointed in accordance with the provisions of J&K Special Recruitment Rules, 2015 notified vide SRO 202 dated 30.06.2015.
As per provision of the SRO, the petitioners are not provided the essential annual increments, Dearness Allowance, House Rent Allowance and City Compensatory Allowance for the period of five years of their continuous service, in return the nature of appointment ensures that for period of initial five years the services of the appointees are non-transferable under Section (8) of the SRO.
From district Kupwara, 49 candidates challenged the transfer order while, 40 candidates from Budgam and 30 from Bandipora challenged the order in separate petitions through their counsel.
Advocate Musaib submitted that the order has been passed against the statutory provision and as such is bad in law and deserves to be quashed.
Justice Thakur also issued notice to Secretary Home, Director General of Police, Inspector General of Police Kashmir Zone and SSPs of Ganderbal, Kupwara and Bandipora districts for filing their returns to the contentions of these three petitions.
These Constable Posts were advertised vide advertisement notice NO. Pers/A/117/2015/ 47322-422, dated 25.08.2015 issued by then Director General of Police for various districts in-accordance with the employment condition as prescribed by the J&K Special Recruitment Rules, 2015 notified vide SRO 202 dated 30.06.2015.
The contention of the petitioners is that they are the appointees under the employment conditions as prescribed by the SRO-202 of 2015, dated 30.06.2015, the nature of appointment as prescribed under the said SRO, ensures that for period of initial five years the services of the appointees are non-transferable under section 8 of SRO.
Citing the Supreme Court ruling on the issue, the Counsel submitted that the law governing the subjects of transfer by now well settled and often reiterated that any Government servant or employee cannot be transferred in violation of statutory provisions prohibiting any such transfer.

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