Shama Mohal v. State Of Haryana And Others

CWP-1915-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1915-2025 Date of Decision: 05.02.2025 Shama Mohal

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Ashwani Rohilla, Advocate for the petitioner Ms. Tanushree Gupta, DAG, Haryana TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 18.12.2024, Annexure P-13, whereby the petitioner's request for temporary transfer on deputation against a vacant post at Government Senior Secondary School, Bhuri, Panchkula, or any other vacant post in the district has been rejected.

2.

Learned counsel contends that the petitioner was posted in Government Senior Secondary School, Nalvi, Block Shahabad, District Kurukshetra, vide office order dated 28.08.2022, and has been working there ever since. Her mother-in-law is suffering from chronic renal failure with diabetes mellitus and requires her attention. Due to the posting at a distance of about eighty kilometers at Shahabad, she has to travel everyday and is not in a position to take care of her ailing mother-in-law. Her request for temporary transfer has been rejected without considering these facts. PAYAL 2025.02.07 16:23 I attest to the accuracy and integrity of this document

CWP-1915-2025 -23.

Learned State counsel, appearing on advance notice, on the contrary, contends that there is no provision in the Transfer Policy to give any weightage for medical condition of an employee's mother-in-law. On this account she cannot be considered for temporary posting/deputation also by giving relaxation in terms of the Policy. Besides, she has been posted at Shahabad pursuant to a general transfer drive, and cannot be posted back, even temporarily, prior to the next transfer drive which is still to be notified. 4.

Heard.

5.

Keeping in view the facts aforementioned, no ground for interference in the matter is made out. The petitioner is working as Principal in a Government School at Shahabad which is a transferable post. The medical condition of her mother-in-law cannot be a ground to seek posting/deputation at the latter's place of residence, nor has it been provided as a consideration for transfer under the Policy. Therefore, finding no merit, the petition stands dismissed.

(TRIBHUVAN DAHIYA) JUDGE 05.02.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2025.02.07 16:23 I attest to the accuracy and integrity of this document