Srinagar: J&K High Court has held that appointment in government service by way of transfer from one department to another amounts to violation of statutory rules governing appointments.
Chief Justice N Kotiswar Singh and Justice W S Nargal made the ruling after hearing an appeal by the state administration seeking quahsment of a 2015 single bench order. The order had directed the appointment of one N A Ganie as housekeeper in the Hospitality and Protocol department.
P Kour had been appointed for the said post by the authorities without advertising it. Ganaie claimed that he possessed the requisite qualifications for the post.
The single bench judge while disposing off the 1999 petition by Ganie said that the lady had already served for over 16 years. He invoked the principle of equity and declined to interfere with her appointment.
However, considering the fact that the Ganie had a right to be considered for appointment to said post, the court directed the authorities to appoint him. It called for his appointment by way of transfer in the Hospitality and Protocol Department on the post for which he possessed the requisite qualifications.
While hearing the appeal by the government on the second portion of judgment of the single bench, Chief Justice N KItiswar Singh and Justice W S Nargal said “by way of transfer (of N A Ganie) in the Hospitality and Protocol Department, will amount to violation of the statutory rules governing appointments”.
