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High Court of Punjab and HaryanaCWP/15793/2020disposed of

Diploma Engineers Association v. State Of Haryana And Others

2020-09-30Ms. Justice Ritu Bahri2 pages

CWP No. 15793 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 15793 of 2020 Date of decision 30.09.2020 Diploma Engineer's Association

...Petitioner

Vs.

State of Haryana and ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sushil Jain, Advocate, for the petitioner.

*** Ritu Bahri, J. (Oral) The present petition is for quashing of impugned "Online Transfer Policy for Junior Engineer (Civil) in Public Health Engineering Department, Haryana dated 12.05.2020" (P-1) issued by respondent No. 2. Further prayer is for quashing of transfer order dated 01.06.2020 (P-2), as the same has been passed without following the provisions/clauses of impugned transfer policy dated 12.05.2020.

Learned counsel for the petitioners has submitted that similarly situated employees association i.e Gram Sachiv Welfare Association had challenged the impugned online transfer policy by way of CWP No. 102532020 titled as Gram Sachiv Welfare Association vs. State of Haryana and others before this Court. The petition was disposed with directions that the transfer policy shall not be enforced for three months (P-5). Notice of motion.

On asking of the Court, Mr. Hitesh Pandit, Addl.A.G Haryana GAURAV ARORA 2020.10.06 11:43 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 15793 of 2020 accepts notice on behalf of respondent-State. Learned State counsel submits that out of 72 employees who have been transferred, 71 employees had already joined. In view of the above factual position, no interference is required in the impugned orders.

However, keeping in view order dated 04.09.2020 (P-6) the individual members of the petitioner-Association is at liberty to make application within one week from today to the respondents not to transfer the Junior Engineers from their present place of posting and the department shall look into the application in accordance with law. Disposed of.

(RITU BAHRI) 30.09.2020 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2020.10.06 11:43 I attest to the accuracy and integrity of this document Chandigarh