HC stays transfer of Jr Pharmacist ordered at behest of Health Minister

Excelsior Correspondent
JAMMU, Aug 20: High Court has stayed the transfer of Junior Pharmacist namely Khem Raj ordered at the behest of Health Minister.
Seeking quashment of the impugned order, Advocates Harshdev Singh and Vilakshan Singh appearing for the petitioner argued,  “transfer is an exigency of service and the employee is bound to follow the orders issued by the competent authority in this regard”, adding “however, transfers can be made only in the interest of administration and not to satisfy the whims and fancies of political leaders’.
Advocate Harshdev said that transfers can’t be issued with malafide intentions or for other extraneous and political considerations as that would be violative of the civil service regulations. “The transfer order of Khem Raj had been issued not in the interest of administration but on extraneous considerations without application of mind. The transfer order issued barely two months after the last posting of the petitioner and that too on the directions of the Heath Minister”, he added.
Advocate Harshdev further pointed out that the transfer and deployment of Khem Raj from Health Centre Ser Bala in block Ramnagar to Udhampur would also adversely affect the delivery of health services in village Ser Bala as no substitute had been provided for the sub centre.
After hearing counsels for the petitioner, Justice Tashi Rabstan issued notice to State, Health Minister and Others returnable within four weeks. In the meanwhile, High Court stayed the impugned order.