WASEEMA ANAYAT vs ABIDA BIBI S — 2025 PLC(CS) 999 SUPREME-COURT-AZAD-KASHMIR

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WASEEMA ANAYAT VS ABIDA BIBI S. 9---Transfer order, cancellation of---Short span in recalling transfer order---Service Tribunal set-aside departmental order by which earlier transfer order was cancelled / recalled after just eleven (11) days---Validity---Record revealed that vide transfer order (dated 10.06.2021) the petitioner and respondent were transferred against each others posts, after the stay period of 3 years and 8 years respectively---Said stay period mentioned in the transfer order dated 10.06.2024 was admitted, which was more than sufficient period for serving at one station---Under S. 9 of the Azad Jammu and Kashmir Civil Servants Act, 1976, a civil servant was obliged to serve under the Government, inside or outside of Azad Jammu and Kashmir, wherever he/she was posted---A civil servant has no absolute right to remain posted at a particular station for an indefinite period or to seek posting at a station of his/her own choice---It appeared from the record that the transfer order dated 10.06.2024 was issued on the basis of the stay period, which had been cancelled just after a period of 11 days, without assigning any reason, vide order dated 21.06.2024---In such state of affairs, the Service Tribunal had committed no illegality while accepting the appeal and setting aside the earlier-transfer-recalling order dated 21.06.2024---Practice of cancellation of the transfer orders within a short span of time, without assigning any reason, on the face of it is a malpractice and such orders cannot be protected by the Courts---In the present case, the Service Tribunal while handing down the impugned judgment had dealt with the proposition involved in the matter in a legal manner and had committed no illegality while setting aside the impugned departmental order dated 21.06.2024---Petitioner had failed to point out any legal question of public importance involved in the petition for leave to appeal and leave could not be granted in every case as a routine, just to create false hopes in the mind of the litigant---Petition for leave to appeal was dismissed.

WASEEMA ANAYAT vs ABIDA BIBI S — 2025 PLC(CS) 999 SUPREME-COURT-AZAD-KASHMIR

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