Sanjeev Manan v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:075314 CWP-11553-2022 Date of decision: 24.05.2023 SANJEEV MANAN ..Petitioner

Versus

STATE OF PUNJAB AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. S.P. Arora, Advocate & Mr. Himmat Singh Sidhu, Advocate for the petitioner.

Mr. R.S. Pandher, Sr. DAG, Punjab.

ANIL KSHETARPAL, J(Oral) 1.

The petitioner assails the correctness of his transfer order from Amritsar to Pathankot on the ground that he has been transferred within less than 3 months from his posting at Amritsar and this is his 4th transfer within a period of one year.

2.

On the other hand, the learned counsel representing the State of Punjab has disclosed that the petitioner was transferred from Gurdaspur to Amritsar on 30.04.2021. Subsequently, he was shifted from Amritsar to Pathankot on 14.12.2021, however, the aforesaid transfer order was cancelled on 21.02.2022. It is submitted that the petitioner has been transferred on the administrative grounds.

3.

On 26.05.2022 while issuing the notice of motion, operation of the impugned transfer order was stayed. Thus, the petitioner continues to work at Amritsar. Consequently, the petitioner is deemed to be working continuously from 30.04.2021.

4.

The transfer of an employee to a required place is an element of service.

MOHD AYUB 2023.05.29 13:42 I attest to the accuracy and authenticity of this order/judgment.

CWP-11553-2022 -25.

Hence, no ground to issue the writ as prayed for, is made out. 6.

Dismissed.

7.

All the pending miscellaneous applications, if any, are also disposed of.

May 24th, 2023 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHD AYUB 2023.05.29 13:42 I attest to the accuracy and authenticity of this order/judgment.