Kimmi Mukhija And ORS v. Union Of India And ORS

CWP-1564-2023 (O&M) -12023:PHHC:109388

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 115+250 CWP-1564-2023 (O&M) Date of Decision : 22.08.2023 Kimmi Mukhija and others ......... Petitioners

Versus

Union of India and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. D.S.Patwalia, Sr. Advocate with Mr.Sehar Navjeet Singh Sandhu, Advocate and Mr. Gaurav Rana, Advocate for the petitioners.

Mr. K.K.Gupta, Advocate for the respondent-FCI.

**** JAGMOHAN BANSAL , J. (Oral) 1.

On 01.08.2023, the following order was passed : "Learned Senior Advocate for the petitioner (s) submits that petitioners would file representation within 3 days from today to reconsider place of transfer.

Learned Senior counsel for the respondent (s) submits that and as per his instructions, the competent authority would look into the representation sympathetically and pass appropriate orders.

The petitioners are at liberty to move representation seeking posting at a place other than the place mentioned in the impugned transfer order and if representation is filed within 3 days, the respondent would sympathetically consider representation and pass appropriate order within one week thereafter.

ANJU GOEL 2023.08.22 18:09 I attest to the accuracy and integrity of this document

CWP-1564-2023 (O&M) -22023:PHHC:109388 Adjourned to 22.08.2023.

Photocopy of this order be placed on the connected case files."

2.

Mr. K.K.Gupta, Advocate, at the outset, submits that the petitioners have been transferred within North zone and their earlier orders of transfer stand cancelled.

3.

On being confronted with aforesaid fact, learned counsel for the petitioners concedes that except petitioners No.1, 2, 4 and 6 have joined their new place of posting, however, they have not been paid salary for the intervening period. The petitioners No.1, 2, 4 and 6 are ladies and they may be granted liberty to file fresh application seeking reconsideration of their transfer in view of their family condition. 4.

The present petition is confined to transfer orders and there was no prayer with respect to salary for the intervening period, thus, this Court at this stage, cannot look into said prayer. The petitioners are at liberty to avail remedies as permissible by law with respect to salary for the intervening period.

5.

In the wake of conceded position, the petition stands disposed of. The petitioners No.1, 2, 4 and 6 are at liberty to move an appropriate application which this Court is sanguine that respondent would decide within a week.

6.

Pending application, if any, shall also stands disposed of. ( JAGMOHAN BANSAL ) 22.08.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.08.22 18:09 I attest to the accuracy and integrity of this document