Disposed

Mohd Aslam v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

J&K HC8 Oct 2021WP(C)/2192/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought quashing of an order refusing interim stay in repatriation proceedings. The court found no illegality and disposed of the petition, granting liberty to approach the departmental authority and directing expeditious consideration of a fresh representation.

What did the court decide?

No immediate transfer order; liberty to approach departmental authority with liberty to move fresh representation within two weeks.

Mohd Aslam Vs Union Territory of Jammu and Kashmir Th… — Service and Employment | J&K HC (2021)

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Sr. No. 55

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: WP (C) No. 2192 of 2021

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Mohd Aslam

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…Petitioner(s)/Appellant(s)

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Through: Sh. Vishal Goel, Advocate.

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V/s

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UT of J&K and others …. Respondent(s)

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Through:

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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Heard Sh. Vishal Goel, learned counsel for the petitioner.

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The petitioner has preferred this writ petition for the quashing of the order dated 17.09.2021 passed by the Central Administrative Tribunal, Jammu whereby the Original Application of the petitioner has been entertained but interim stay has been refused.

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The submission of learned counsel for the petitioner is that he has challenged the order dated 02.09.2021 by which he has been transferred from Jammu to Reasi on the ground that he has a five years old daughter who is totally disabled and needs medical care which is not available in

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Reasi.

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In fact, the petitioner has not been transferred from Jammu to Reasi, rather since the post of Patwari on which he is working is a District cadre post, he has been repatriated to District Reasi to where he belongs on the ground that District cadre employees have wrongly been placed in another district.

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Since the petitioner belongs to a district cadre post and his parent district of posting happens to be Reasi, no illegality appears to have been committed and as such the Tribunal has not erred in refusing to grant the interim protection to the petitioner.

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In case, the petitioner has personal difficulties, the option open to him is to approach the appropriate departmental authority by means of a representation and looking to the allegations made by the petitioner, we dispose of this petition with liberty to the petitioner to either get his original application decided finally by the Tribunal or in the alternative to move a representation to the departmental authority which probably the petitioner has already moved.

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In case, any such fresh representation in continuation to the earlier representation is filed by the petitioner within a period of two weeks from today, the competent authority shall consider the same in accordance with law, most expeditiously, keeping in mind the medical condition as highlighted by the petitioner.

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The petition stands disposed of.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Jammu 08.10.2021

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Tilak

Mohd Aslam v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

Mohd Aslam v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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