Jammu, Dec 16: In O.A. No. 61/1839/2021 a bench of HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J) HON’BLE MR. ANAND MATHUR, MEMBER (A) titled Arvind Kumar Sharma Versus Union Territory of Jammu and Kashmir & ors ordered as:-
Learned counsel for the applicant submits that the applicant was appointed as Drug Inspector in the Department of Drug & Food Control Organization in the year 2003. The post of Drug Inspector has been redesignated as Drug Control Officers and the applicant was posted as Drug Control Officer at Jammu in the year 2017.
After reorganization of the State of Jammu and Kashmir in pursuance to Jammu and Kashmir Reorganization Act, 2019, the applicant gave option for his continuation in the U.T. of Jammu and Kashmir and as such the applicant was retained in the U.T. of J&K. Vide Government Order No. 1219-JK (GAD) of 2021 dated 16.11.2021 passed by the Government, the applicant has been sent to the Union Territory of Ladakh on deputation for two years.
However, before passing of the impugned order, no consent was obtained from the applicant despite the fact that the deputation was in violation of the calendar of transfers fixed by the Government Order No. 861-GAD of 2010 dated 28.07.2010.
In pursuance to the aforesaid government order, it has been specifically provided that the transfers for the Ladakh region shall be made as per the policy laid down for such transfers by the Ladakh Affairs Department.
Against the impugned order, the applicant submitted a detailed representation to the respondents, however, without deciding the representation, the relieving order dated 01.12.2021 was issued.
Learned counsel for the applicant submits that the applicant will be satisfied, if a direction is issued to the respondents to take a decision on the representation annexed as (Annexure No. A-3 to the O.A.) within a stipulated time frame and till such time, the respondents may be directed not to force the applicant to join at Ladakh.
Learned A.A.G. prays for time to file counter affidavit.
Heard Mr. Rahul Pant, Sr. Advocate assisted by Mr. Aniruddha Sharma for the applicant and Mr. Amit Gupta, learned A.A.G. for the respondents and perused the records.
Looking to the limited prayer made by the learned counsel for the applicant, the O.A. is disposed of with direction to the respondents to decide the representation annexed as Annexure No. A-3 to the O.A. by passing a reasoned and speaking order within a period of 10 days from today.
Till a decision is taken on the representation, the respondents shall not take any coercive action to make the applicant join at Ladakh.
It is made clear that we have not entered into the merits of the case.
No order as to costs.
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