Excelsior Correspondent
JAMMU, Aug 11: High Court has stayed the transfer of Master which was made by the Chief Education Officer of Ramban at the behest of District Development Commissioner.
Vide Order No.CEO/R/16/10015-17 dated August 8, 2016, the Chief Education Officer Ramban on the directions of DDC ordered transfer of Ahmedullah Itoo, Master GMS Kaskoot to High School Goyee Zone Gool on complaint basis.
Aggrieved over this order, the Master filed writ petition in the High Court through Advocate Irfaan Mohd Khan.
When the petition came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohd Khan appearing for the petitioner submitted, “the impugned order of transfer is bad in the eyes of law on two counts. Firstly, the order has been issued by incompetent authority as it is only the Director School Education Jammu who was competent to effect the transfer of the petitioner being Master in terms of Schedule I-D of J&K CSR and secondly, the transfer order is punitive based on a complaint and issued on the directions of the District Development Commissioner, Ramban”.
Advocate Ahmed invited the attention of the court towards an agreement of lease entered between the petitioner and M/s Navayuga Engineering Company Ltd. whereby the petitioner along with his brothers leased out their land measuring 10 Kanals and 2 Marlas for a period of five years commencing from June 20, 2010 on fixed rent of Rs 9000 per annum and M/s Navayuga Engineering Company Ltd. was utilizing the leased land for construction of temporary colony, stores, crusher, plant/fabrication yard, explosive stores and diesel tank etc.
The petitioner on April 9, 2016 served a legal notice to the General Manager of the company requesting them to vacate the land in view of the expiry of the lease agreement. Annoyed over this, M/s Navayuga Engineering Company reported the matter to DDC, who in order to harass/victimize the petitioner, directed the Chief Education Officer, Ramban to transfer the petitioner to a remote school in Gool area.
After considering the submissions of Advocate Ahmed, Justice Dhiraj Singh Thakur directed that subject to objections and till next date before the Bench, operation of the impugned transfer order dated August 8, 2016 shall remain stayed. High Court also issued notices to Commissioner/ Secretary School Education Department, Director School Education Jammu, Deputy Commissioner Ramban, Mohammad Aijaz, Chief Education Officer Ramban and Zonal Education Officer, Banihal returnable within four weeks.
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