Excelsior Correspondent
Srinagar, Nov 16: Observing there can be no discrimination between two individuals who are equally placed, High Court directed the authorities to transfer the petitioner on the same analogy as has been adopted to other employees.
One Yogesh Chandra Pathak who after participating in the selection process initiated by the Staff Selection Committee, on the basis of his merit was selected as a Lower Division Clerk (Group-C/ Non-Gazetted/ NonMinisterial post) in the year 2010 has sought his transfer from State of J&K to his native home town in State of Jharkhand or to some other nearer State to his home State.
He on developing certain health problems, coupled with the factum of his parents being old-aged, had approached the respondents with a representation, through proper channel, seeking his transfer. However, the authorities (vide order dated May 8, 2018) rejected the claim of the petitioner-Pathak resulting into filing of a petition challenging the order of rejection.
Court while allowing the claim of the petitioner and quashing the rejection of his transfer said our country, in particular, aims at the goal of achieving the welfare State where everyone is/ has to be, as far as possible, looked after.
Justice Ali Mohammad Magrey directed the concerned authorities to transfer the petitioner-Pathak, on the same analogy as has been adopted in the case of two similarly situated persons. “The respondents are expected to pass orders in the case of the petitioner, as above, expeditiously, preferably within a period of two months’ time from today”, reads the judgment.
Court on discriminatory approach of the authorities towards petitioner-Pathak said that the action of the respondents, being the functionaries of the State, has to be transparent and the State cannot discriminate between similarly circumstanced persons.
“The respondents have treated the case of the petitioner as a ‘sui generis’ case and, thus, have invidiously discriminated him and justice is not only law and its administration, but is, in most cases, above law and is done to save the individual from whatever he/ she seeks protection” Justice Magrey said.
Follow our WhatsApp channel