Sombir Singh v. State Of Haryana And Others

2024:PHHC:035740 CWP-5815-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5815-2024 Date of Decision: 13.03.2024 Sombir Singh

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Rajesh Dhankhar, Advocate for the petitioner Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed for setting aside the order of transfer dated 06.03.2024, Annexure P-4, qua the petitioner, who has been transferred from YWS Circle Bhiwani to WS Division, Palwal. 2.

It is contended that the petitioner is working as a driver in the respondent Department, and is due to superannuate from service with effect from 30.04.2025. However, he has sought voluntary retirement with effect from 31.12.2024 by submitting a request to that effect vide letter dated 28.02.2024, Annexure P-3, which has been duly recommended by the Superintending Engineer. However, before the request could be considered, the petitioner has been transferred vide the impugned order dated 06.03.2024. Learned counsel has referred to Clause 9 (a) of the Online Transfer Policy of Drivers (Light Vehicle Driver) dated 10.08.2021, wherein drivers having less PAYAL 2024.03.13 18:04 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:035740 CWP-5815-2024 -2than twelve months to retire on the next transfer drive, are not to be transferred unless they desire to participate in the drive. The petitioner has not so desired, still he has been transferred. It is also contended that the petitioner will make a representation in terms of Clause 6 (vi) of the Policy to the concerned authority against the transfer.

3.

Learned State counsel, appearing on advance notice, submits that in case any such representation is filed by the petitioner, the same will be considered in the light of Policy as well as the fact that he has submitted request for voluntary retirement from service with effect from 31.12.2024. 4.

In view of the statement made, the petition is disposed of granting five days' time to the petitioner to file a representation before respondent No.2. In case any such representation is filed, the same shall be decided by respondent No.2/Engineer-In-Chief, Irrigation & Water Resources Department, by passing a speaking order in accordance with law, within a period of four weeks from the date of receiving the representation; till then, the petitioner shall not be relieved from the present place of posting. (TRIBHUVAN DAHIYA) JUDGE 13.03.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.03.13 18:04 I attest to the accuracy and authenticity of this order/judgment