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High Court of Punjab and HaryanaCWP/441/2021dismissed

Parmod Kumar v. State Of Haryana And ORS

2021-01-11Mr. Justice Arun Monga2 pages

Sr. No. 107

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.441-2020 (O&M) Date of Decision: 11.01.2021 Parmod Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr.Kuldip Singh, Advocate, for the petitioner.

Ms. Mamta Talwar, DAG, Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein is under Article 226 of Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to transfer the petitioner at any of the places of his choice, as per option already exercised by him vide his web-based online application. 2.

Learned State counsel on advance service of the petition appears and submits that in any case, petitioner has been transferred at the current place of posting as per choice given by him in the second round.

3. Even otherwise, it transpires that petitioner has been transferred from Karnal to Matlauda which is merely 41 kms and yet he is before this court impugning his transfer order.

4.

Transfer being matters of administrative exigencies, this Court generally interferes, if at all, very cautiously, in case of extreme hardship only. Transfer is not a punishment but an essential aspect of service, particularly on a transferable post.

SHALINI BHATIA 2021.01.11 21:46 I attest to the accuracy and integrity of this document

5.

The present case does not call for any interference, so as to exercise extraordinary writ jurisdiction, vested under Article226 of Constitution of India.

6.

As regards, the reliance placed by learned counsel for the petitioner on the transfer policy dated 22.10.2020 contained at Annexure P-1, petitioner has already submitted a representation dated 22.12.2020 (Annexure P-4), which is stated to be pending with the competent authority, he is at liberty to pursue the same.

7.

Dismissed.

January 11, 2021 (ARUN MONGA) Vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No