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High Court of Punjab and HaryanaCWP/14436/2021disposed of

Yogesh Kumar v. State Of Haryana And Another

2021-08-03Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14436-2021 Date of Decision: 03.08.2021 YOGESH KUMAR ÉPetitioner

Versus

STATE OF HARYANA AND ANOTHER ÉRespondents CORAM: HONÕBLE MR. JUSTICE ARUN MONGA Present :

Mr. Atul Nehra, Advocate for the petitioner.

Mr. Pankaj Middha, Addl. A.G., Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of certiorari to quash the impugned order dated 29.08.2020 (Annexure P-2) vide which petitioner has been transferred from Fatehabad to Palwal. 2.

The petitioner was earlier posted at Ratia on 10.09.2019. Learned counsel for the petitioner submits that now the petitioner has been transferred from Fatehabad to Palwal vide order dated 29.08.2020, within a short span of one year, which is in violation of Transfer Policy/Guidelines. He further submits that as per policy of the government (Annexure P-3), an employee should not be transferred for five years and even if there is an exigency, then he/she can be transferred after three years.

3.

I have heard learned counsel for the petitioner and have gone through the case file.

4.

Impugned transfer order was passed way back on 29.08.2020 and pursuant thereto, learned counsel for the petitioner, on a Court query, informs that the petitioner has already joined at his place of transfer. The VANDANA 2021.08.03 15:09 I attest to the accuracy and integrity of this document

writ petition at the relevant time was filed to seek a stay on the transfer order dated 29.08.20 and since having already joined and worked at the transferred place for almost a year now, no case of interim stay is made out. 4.

The writ petition is disposed of with liberty to the petitioner to pursue his case with the competent authority in the department. August 03 , 2021 (ARUN MONGA) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No!

VANDANA 2021.08.03 15:09 I attest to the accuracy and integrity of this document