Sunil Verma And Others v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6611-2022 Date of Decision:30.03.2022 Sunil Verma and others

...Petitioners

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. D.S. Patwalia, Senior Advocate with Mr. Adityajit Singh Chadha, Advocate for the petitioners.

Ms. Kirti Singh, D.A.G., Haryana.

ARUN MONGA, J. (ORAL) Petitioners herein inter alia seek issuance of a writ in the nature of certiorari quashing the impugned order dated 09.03.2022 (Annexure P-6), vide which, they have been transferred to various Sub Divisional Offices, Divisional Offices of the Animal Husbandry and Dairying Department against the transfer policy dated 15.10.2020 (Annexure P-10). 2.

Learned counsel for the petitioners submits that the petitioners had joined the respondent department on the post of Veterinary Livestock Development Assistant. He further submits that in August-2021, the online transfer drive was initiated by the department and the petitioners were directed to participate in the said drive. The petitioners submitted their transfer choices but while passing the impugned order, they were not given their preferred stations, which is in contravention to the transfer policy. Hence, the instant petition.

3.

On advance service, learned State counsel appears and strenuously opposes issuance of notice of motion. However, she submits that competent authority shall take decision either way, in due course, by treating the instant petition as supplementary representation. 4.

Learned counsel for the petitioners also agrees that let a final decision be taken, by the competent authority by treating the writ petition as a representation.

GURPREET KAUR 2022.03.31 09:30 I attest to the accuracy and integrity of this document

5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision in accordance with the transfer policy as envisaged under Clause 7, more particularly Sub-clause (vii) thereof, which states that the representation has to be decided within a period of 15 days. 7.

Disposed of accordingly.

8.

Till a final decision is taken on the representation, status quo qua services of the petitioners shall be maintained. (ARUN MONGA) JUDGE 30.03.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.03.31 09:30 I attest to the accuracy and integrity of this document