HC stays transfer of cops

Excelsior Correspondent
Srinagar, Nov 23: High Court today stayed the transfer of cops of Jammu and Kashmir Police for being against provisions and rules.
Petitioners from district Kargil and Leh who were transferred to Shopian district approached the court against the order of transfer dated 16.10.2017.
They submitted that in terms of Rule 8 of SRO 202, the petitioners could not have been transferred without completing at least five year of service.
“The impugned transfer order dated 16.10.2017 to the extent it pertains to petitioners, shall stay”, Justice Dhiraj Singh Thakur directed.
Advocate Aaqib Aijaz while challenging the order submitted it is an arbitrary and illegal order, wherein in the petitioners have been adjusted/transferred to the new place of posting/district despite the fact that petitioners have been appointed in accordance with the provisions J&K Special Recruitment Rules, 2015 notified vide SRO 202 dated 30.06.2015.
He submitted before the court that the petitioners are choked of the essential annual increments, Dearness Allowance, House Rent Allowance and City Compensatory Allowance for the period 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.
Earlier, 119 candidates from district Kupwara , Ganderbal and Bandipora challenged the order in separate petitions through their counsel and the Court stayed the same at the very threshold of the hearing.
Justice Thakur also issued notice to Secretary Home, Director General of Police, Inspector General of Police Kashmir Zone and SSPs of district Leh and Kargil for filing their response to the contentions raised in the petition.


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