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HC dismisses Wani’s petition against his transfer

Legal Correspondent

Srinagar, March 04: High Court on Friday dismissed the writ petition filed by EJAC president Abdul Qayoom Wani and rejected his challenges against his transfer order issued by the Director School Education, Shah Faesal.

Wani had approached the court saying that Director School Education is deadly against the Teachers Forum and that order has been issued on the basis of animosity.

On February 02 School Education Department Kashmir cancelled the attachment of nearly 450 government teachers and transferred them to various schools of the state (Government order no.26-Edu of 2016 dated 02.02.2016). As per the order, Wani was transferred to a local Government High School in his native village, Tangmarg.

However a single bench of Justice Ali Mohamamd Magrey observed it is not that only Wani being the President of the Union was repatriated and transferred but large number of teachers/Masters/I/C-Headmasters were so transferred.

“It is not a case where the petitioner has been singled out much less for any extraneous consideration or that there has been any pick and choose resorted to by Director School Education,“ bench observed.

Court also came heavily on the post hold by Wani saying it sounds strange and illogical that a Master is designated as In-charge Headmaster, but does not actually hold such a charge.

Justice Magrey in his judgment said right to form an association or union does not reserve or create a right in any union office bearer to seek posting of his choice or to refuse to obey a transfer and posting ordered in the interests of administration.

“The right to form an association or a union does not mean right to achieve every object, nor does it confer a privilege or grant a license on any leader of an association or union to obliterate the hedges of discipline and abandon or shirk his official duty for which he is being paid his salary,” the judgment reads.

Refereeing to government order of February 02, court said the said order stood implemented and its follow up action also stood completed as on Friday (March 04). “Once the action that a government order contemplates is completed, the operation of the order comes to an end and it is reduced to nothing more than a record of reference,” order reads. “Had the Government order not contained the words “are deemed to have been relieved”, the position may have been different,” order said.

Vacating its previous interim order wherein court had restrained the education department from acting on the transfer order, bench reiterated that though the action that the government order dated 02.02.2016 contemplated, was completed the moment it was issued, yet for maintenance of sanctity of the Court order, it is ordered that interim directions, if any, subsisting shall stand vacated.