Allow petitioner to continue as PF Inspector Samba: HC

Excelsior Correspondent
JAMMU, May 31: High Court today quashed the Government orders whereby one Parvinder Singh, Senior Provident Fund Inspector, who belongs to the Kashmir cadre of the J&K Employees Provident Fund Organization, was transferred and adjusted in the Jammu Division in violation of the rules.
These orders were challenged by Raj Kumar Chadha, PF Inspector on the ground that the same were contrary to the Rule 23 of the J&K Civil Services Decentralization and Recruitment Rules, 2010 which specifically provides that a member of the State, Divisional or District Cadre shall be transferred only within his own cadre and not otherwise.
After hearing counsels for both the sides, Justice Dhiraj Singh Thakur said, “since the respondent-Parvinder Singh is borne on the Divisional Cadre Kashmir he could not have been transferred against any of the post borne on the Divisional Cadre at Jammu”, adding “the orders impugned are therefore clearly in violation of the statutory rules”.
“The petitioner, who had been posted as PF Inspector at Samba by virtue of order dated June 11, 2013 was disturbed from his place of posting only on account of the illegal posting and adjustment of the respondent-Parvinder Singh, who was first transferred and posted to the office of the Additional PF Commissioner and subsequently posted at Samba resulting in the consequential dislocation of the petitioner, who has been transferred and posted in District Office, Rajouri.
With these observations, Justice Dhiraj Singh quashed the orders in regard to Parvinder Singh and directed that the petitioner should be allotted to continue as PF Inspector Samba.


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