URVINDER SINGH v. U T OF J AND K TH CHAIRMAN JKBOSE AND OTHERS
WP(C)/283/2023 · 2025-02-04
Rajnesh Oswal
Writ Petition (Civil)body2025
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 283/2023
Urvinder Singh
…..Appellant(s)/Petitioner(s)
Through: Mr. Ashish Sharma, Adv.
vs
U. T. of J&K and others .…. Respondent(s)
Through: Mr. B. S. Bali, Adv.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 04.02.2025 Oral:
1. The petitioner, who is the employee J&K Board of School Education, was working as a Senior Assistant in the Sub-office Poonch. He was transferred and posted at branch office Mendhar vide order dated 06.02.2023, which has been impugned in the present petition on the ground that the said order was issued by respondent No. 3, who was not competent to issue the same as the same was required to be issued by respondent No. 2 after getting approval from respondent No. 1. It is also urged by the petitioner that he is suffering from chronic osteoarthritis with neurological deficit and the petitioner has been advised by the Board of Doctors not to travel.
2. In their response, the respondents have impliedly admitted that the order was required to be issued with the approval of the Chairman of the J&K Board of School Education.
3. In view of the above, the order impugned issued by respondent 3 without the approval of the Chairman of the J&K Board of School Education is 122
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not sustainable in the eyes of law as such, the same is quashed qua the petitioner only.
4. The respondents are left free to pass appropriate orders and in the event, the petitioner submits any representation in respect of his ailment, the respondent shall consider the same while passing the fresh orders.
5.
Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 04.02.2025 Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable:Yes/No
Rakesh Kumar 2025.02.20 16:37 I attest to the accuracy and integrity of this document