Transfer Policy

  1. Transfer order was passed after 14 years — No flagrant violation of transfer policy was committed — The order was past just after two days of the month of April, therefore merely on the basis of delay of two days it could not be said that any violation of Government policy was committed. ZAHIDA LAL SHAH v. DIST. EDUCATION OFFICER AND 3 OTHERS 2008 SCR 55 (B)
  2. Contention that husband and wife should be posted at one and same station — It is not a mandatory provision of law — The policy contains the words حتی الامکانwhich means that if it is possible — It is impossible to post all the husbands and wives in Azad Jammu and kashmir at one and same station. Dr. Tariq Mahmood Bhatti v. Azad Govt. & others 2008 SCR 271 (A)
  3. Policy was framed for schools and colleges and a particular period was provided in the policy for the reason that no one should be transferred during the period of examinations. Dr. Tariq Mahmood Bhatti v. Azad Govt. & others 2008 SCR 271 (B)
  4. Transfer and posting is the prerogativeios Government and Court shall not interfere in the transfer and posting without reasonable justification. Dr. Tariq Mahmood Bhatti v. Azad Govt. & others 2008 SCR 271 (C)
  5. Notification dated 25.8.1998 read with ground iv of transfer policy dated 3.1.2013 — posting of civil servant husband and wife at one station — argument that husband and wife shall remain posted at one station as far as practicable — husband serves at Rarah/Rawalakot — wife transferred from Rawalakot to Bagh — held: the distance between Rawalakot and Bagh is not such a long distance which can attract the provision of Notification dated 25.8.1998, which has been protected in ground iv of the transfer policy dated 3.1.2013 — Notification reveals that husband and wife may not be posted at far away stations like husband is appointed at Bhimber and the wife is posted at Neelum.  In such like eventuality provisions of the Notification shall be attracted. Further held: in every case where husband and wife are civil servants and posting is made at stations with some distance from each other, this Notification has no bearing.  Nusrat Jabeen v. Azad Govt. 2014 SCR 456 (B)
  6. Clause VI of para 2 — Notification dated 25th April 2013 — Educational institution — Govt. enforced transfer policy on 3rd January 2013 — Clause VI of para 2 of transfer policy postulates that the transfer order of the teaching staff  shall be made only at the end and before the start of educational session — During the remaining period  of the year there shall remains imposed a ban on transfers — Educational Session ends on 31st March and starts on 15 the April 2014 — Held: No transfer order can be passed in relation to the teaching staff after 15th of April. Zahida Begum v. Divisional Director Schools & others 2015 SCR 131 (A)
  7. —-Transfer Order— Service Tribunal granted the interim relief but later on after obtaining the objections from the other side recalled the order — on the ground that the transfer notification was issued during the academic session, in violation of the transfer policy—Held: that although in the transfer policy it has been categorically mentioned that the transfer order of the teaching staff shall be made only at the end and before the start of educational session, however, some eventualities have also been provided for transfer of the teaching staff even during the educational session—- As the bad performance is also one of the eventualities provided in the transfer policy for transfer of the teaching staff during educational session— The civil servant was transferred on the ground of more than 10 years of stay period at one station and her zero result—No violation of the transfer policy has been made, therefore, the learned Service Tribunal was not justified to vacate the temporary injunction merely on the ground that the transfer order has been issued in violation of the transfer policy Nasim Akhter v. D.E.O (Female) & others 2017 SCR 474 (B & C)
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