Kusum Bala v. State Of Haryana And ORS

SHALINI BHATIA 2021.08.02 16:18 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14281-2021 Date of decision: 02.08.2021 Kusum Bala

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. J.S.Toor, Advocate, for the petitioner.

Mr. Pankaj Middha, Additional 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 22.07.2021 (Annexure P-6) vide which petitioner has been transferred from District TB Hospital, Hisar to Sub Centre Juglan, Mangali, Hisar.

2.

Learned counsel for the petitioner argues that petitioner is the sole bread winner and caretaker of her husband. Her husband had to quit his government job, at the young age of 40-42 years, due to his chronical medical ailments i.e. a heart disease and also having undergone a major surgery in January, 2021 from Fortis Hospital qua the same and coupled with serious case of diabetes.

3.

It is contended by the learned counsel for the petitioner that in the peculiar circumstances, to enable the petitioner to look after her husband, even the Hon'ble Minister had recommended her case favorably and yet she has been transferred.

SHALINI BHATIA 2021.08.02 16:18 I attest to the accuracy and integrity of this document 4.

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

5.

Transfer being matter of administrative exigency, this Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship. Petitioner has been transferred from District TB Hospital Hisar to Sub Centre, Juglan, Hisar, which is barley 19 kilometers away. The case in hand does not seem to be such so as to deserve any indulgence. Moreover, transfer is not a punishment but an essential aspect of service, particularly, on a transferable post.

6.

However, writ petition is disposed of with expectation from the competent authority to look into the grievance of the petitioner on the administrative side with a compassionate outlook, keeping in view recommendation of the Hon'ble Minister, and pass appropriate orders. (ARUN MONGA) JUDGE 02.08.2021 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No