Dr. Sanjeev Kumar Phougat v. State Of Haryana And Others

CWP No.6673 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6673 of 2019 (O&M) Date of Decision.30.09.2019 Dr. Sanjeev Kumar Phougat

...Petitioner

Vs State of Haryana and others

...Respondents

Present:

Mr. S.P. Chahar, Advocate for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana.

Mr. Sumit Sangwan, Advocate for respondent No.4.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) C.M. No.6135 of 2019 Application is allowed.

Written statement filed on behalf of respondent No.4 along with annexures is taken on record.

CWP No.6673 of 2019 Reply to the application for vacation of stay by way of affidavit filed on behalf of petitioner is taken on record. The challenge in the writ petition is qua transfer of the petitioner primarily on the ground that the petitioner could not have been transferred and the post held by him could not be replaced by respondent No.4, as she is not having qualification of Masters of Veterinary Science in Pathology. Petitioner was working as Specialist Veterinary Surgeon in District Disease Diagnostic Lab but vide order dated 25.02.2019, has been transferred to Government Veterinary Hospital, Sanghi, Rohtak. PANKAJ KUMAR 2019.10.15 14:55 I attest to the accuracy and integrity of this document

CWP No.6673 of 2019 (O&M) -2Mr. Chahar, learned counsel appearing on behalf of the petitioner submits that respondent No.4 posted at place of petitioner was undergoing degree of Masters of Veterinary Science, which she has secured now.

The said fact has not been denied by Mr. Sumit Sangwan, who is appearing for respondent No.4.

Learned State counsel submits that place of transfer is 15 kms away from present hospital.

In view of such circumstances, grievance of the petitioner at this point of time cannot subsist on the premise that respondent No.4 has already acquired the requisite qualification. It is also matter of record that post was for Master of Veterinary Science in Pathology, which petitioner did not have.

No ground for interference is made out.

Dismissed.

(AMIT RAWAL) JUDGE September 30, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2019.10.15 14:55 I attest to the accuracy and integrity of this document