Excelsior Correspondent
Srinagar, Apr 21: Jammu and Kashmir High Court today upheld the transfer of employee justifiable and reasonable and observed that it is very sad state of affairs that some employees are trying to elude the responsibilities that is case upon them the moment they join the Government services.
An employee, Manzoor Ahmad Bhat, working as Assistant Accounts Officer in Finance Department seeks stay of his transfer order by which he is transferred from Chadoora to Srinagar which the court said is less than 20 kilometers.
Justice Tashi Rabstan dismissed the plea of the petitioner for staying his transfer and said there is no merit in the petition. Court expressed its displeasure over the approach of petitioner and said how can petitioner, like persons/employees be permitted to make lame excuses of not working or serving the State and its people even at a distance of, say, 10 or 20 kilometers, within or outside their native district.
Court while referring the full bench judgment said the case in hand neither challenges the competence of authority who issues the transfer order nor there is any allegation of violation of Rule and the only ground taken is the transfer order has been passed against the transfer policy.
“Government servant has no enforceable right to insist that he or she be permitted to serve for definite or specific period in a particular station or a post and that the Government policy, if any, as regards transfers is an executive order, having to statutory force, as such cannot be enforced through court of law”, full bench judgment reads.
Court also observed that “it cannot be said that it is unknown to everyone that today’s youth, particularly in J&K, which has limited resources, are facing alarming unemployment and they are ready to serve and work not only in any part of the country but outside the county as well”.
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