This order dismissed a writ petition where the petitioner challenged a transfer order. The court held that since a stay order passed in 2016 had lapsed over four years, the prayer was rendered infructuous and was accordingly dismissed.
Prayer for approval of long-antiquity earned leave dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 212
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.759/2016 IA No. 1/2016
Vijay Sharma …Petitioner(s)
Through:- None
v/s
State Through Education Department and others….Respondent(s) Through:- None
Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
The petitioner approached this Court challenging his order of transfer dated 30.03.2016 passed by respondent No. 2-Director School Education, Jammu. Vide order dated 20.04.2016, the order of transfer was stayed and more than four years have lapsed thereafter. The normal tenure of a government employee at one place of posting is 2-3 years.
At this stage, the prayer made in the present petition has been rendered infructuous and the same is accordingly dismissed. The respondents shall be entitled to utilized services of the petitioner as per requirement and the policy in vogue.
(RAJESH BINDAL)
JUDGE
Jammu 04.06.2020 SUNIL-I Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
SUNIL KUMAR 2020.06.12 16:06 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner's prayer for approval of his long-antenatity earned leave is maintainable when the stay order passed in the transfer case has lapsed beyond four years.
Vijay Sharma
State Through Education Department
RAJESH BINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
