Excelsior Correspondent
JAMMU, Nov 24: Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Sanjay Dhar has held that Government has the power to transfer any employee anytime even during probation.
While dismissing LPA filed by the appellants Rajesh Kumar and others who had agitated their transfer to Kashmir from Jammu during period of probation, DB upheld the decision of writ court which in its verdict in the year 2020 didn’t agree with the contention.
“The opinion passed by the single judge is not only lucid and luminous, but also in consonance with the rules/law governing the subject”, the DB said, adding “Rules of 2015 clearly does not, in any manner whatsoever, put a bar on the Government to pass the order of transfer in relation to an appointee even before the completion of five years of initial service/probation period of the said appointee”.
“Any provision provided in the Rules of 2015 cannot be interpreted in isolation or in conflict with the mandate of the Jammu and Kashmir Civil Services Rules of 1956. Rule 27 of the Rules of 1956 also clearly empowers the Government to transfer an employee from one place to other in the now Union Territory of Jammu and Kashmir on the post born on his/her cadre”, DB said.
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