Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J. disposed of the writ petition with the direction that no further order should be issued for transfer considering that the grievance of the petitioner had already been addressed.
The facts of the case are the petitioner, in accordance to an order came to be transferred from ICDS Project, Iddgah and posted in ICDS Project, Kunzer. Aggrieved thereby, the petitioner approached the Court challenging the said order of her transfer, besides other grounds, on the ground that the son of the petitioner was suffering from mental disability and, therefore, required immediate care of her mother, i.e. the petitioner herein. The petitioner also averred that since she was left with only six months of service before reaching the age of superannuation her transfer, at this fag end of her service carrier, would be detrimental to her rights and interests. In pursuance of the order dated 29-1-2019 of the Court, the respondents transferred another person awaiting orders of his posting, as CDPO, Kunzer, in place of the petitioner with a further stipulation that the petitioner shall report to Deputy Director, ICDS, Kashmir, for further duties. Seemingly, the grievance of the petitioner with reference to her continuation in her home town, i.e. Srinagar, for the purpose of attending her ailing son and for preparing her pensionary papers has been redressed and she has been directed to report to the office of the Deputy Director, ICDS, Kashmir, for further duties. The contention of the petitioner submitted was that there was apprehension that she may be, again, transferred to some place other than her home town.
The Court disposed of this petition stating that the grievance of the petitioner had been redressed. It was, however, made clear that in case of exigency, the respondents shall be free to make posting of the petitioner as per their requirement keeping in view the ailing health condition of the son of the petitioner and also the fact that the petitioner is scheduled to attain the age of superannuation in near future. [Shamshada Akhtar v. State of J&K, 2019 SCC OnLine J&K 94, Order dated 04-02-2019]