Balkar Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.16167 OF 2022 DATE OF DECISION : 27.07.2022 Balkar Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Raje Ram Kaushik, Advocate, for the petitioner.

Mr. PankajMiddha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus/certiorari for quashing the cancellation of transfer order dated 20.07.2022 (Annexure P-4), whereby his transfer from Kaithal to Kurukshetra has been cancelled.

2.

Petitioner was appointed as Assistant Statistical Officer at Head Quarter, Panchkula on 08.11.2020. He remained posted at Kaithal from 30.07.2020 to 05.05.2022. Thereafter, he was transferred to Kurukshetra on 06.05.2022. One Nitu Rai was promoted as Assistant Statistical Assistant and was transferred from Panchkula to Kurukshetra. Thereafter she was transferred from Kurukshetra to Kaithal pursuant to which petitioner was transferred to Kurukshetra. Subsequently, the said transfer order was cancelled and she again joined at Kurukshetra.Now vide an order dated 06.05.2022 he has been transferred from Kaithal to Kurukshetra. Hence the instant petition.

VANDANA 2022.07.29 13:54 I attest to the accuracy and integrity of this document

CWP No.16167 OF 2022 -23.

On advance service, learned State counsel joins proceedings and opposes the petition.

4.

I have heard learned counsel for the parties 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. The case in hand does not seem to be such so as to deserve any indulgence. Moreover, to transfer an official or not to, is sole discretion of the employer based on the administrative exigencies. Not doing or doing so is not a punishment, but an integral part of service conditions.

6.

In the premise, the impugned order dated 20.07.2022 (Annexure P-4) does not call for any interference from this Court in exercise of its extraordinary writ jurisdiction vested under Article 226 of Constitution of India.

7.

Dismissed.

JULY 27, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No VANDANA 2022.07.29 13:54 I attest to the accuracy and integrity of this document