Harpreet Kaur And ANR. v. State Of Punjab And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** Date of Decision: 25.08.2025 LC HARPREET KAUR AND ANR.
...Petitioners
Versus
STATE OF PUNJAB AND ORS.
...Respondents
And Sr.
No.
Case No.
Petitioner(s) Respondent(s) 2.
CWP-22575-2013 LC Pawandeep Kaur State of Punjab and Others 3.
CWP-23278-2013 LC Sandeep Singh and Anr.
State of Punjab and Others CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Manu K. Bhandari, Advocate with Mr. Rohit Kataria, Advocate and Mr. Arjun Sawhni, Advocate for the petitioner Mr. Aman Dhir, Deputy Advocate General, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.
As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-19501-2013.
2.
The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 05.08.2013 (Annexure P-10) and show cause notice dated 23.08.2013 (Annexure P- 12) whereby petitioners were discharged from District Police Cadre and shifted to Punjab Armed Police.
-23.
The petitioners vide order dated 05.08.2013 were ordered to be shifted from District Police to Armed Police. They were further issued show cause notice dated 23.08.2013. The petitioners claimed that if an employee was allotted district cadre, he remained posted within District whereas employees of Armed Police were transferred to any part of the State. The respondent has changed cadre of the petitioner in view of orders passed by this court in CWP No.7926 of 2011. Number of posts are lying vacant in district police thus they may be adjusted in district police.
4.
This Court issued notice of motion on 25.09.2013 and granted stay in terms of interim order passed in CWP No.14022 of 2013. The order dated 25.09.2013 reads as:
"Learned counsel for the petitioners contend that an identical issue is pending consideration before this Court in CWP No.14022 of 2013 titled as Dharminder Singh and others Vs. State of Punjab & others. Notice of motion for 13.11.2013.
To be heard along with CWP No.14022 of 2013.
Interim order in the same terms."
5.
Learned counsel for the petitioner submits that petitioners are posted with District cadre since 2011, thus, at this stage they may not be disturbed.
6.
Learned State counsel submits that the impugned notices were issued on account of orders dated 29.05.2012 passed by this Court in CWP 7926-2011 "Sandeep Kaur and Ors. Vs. State of Punjab and Ors.".
7.
As per Punjab Police Act, 2007, members of one cadre
-3cannot be transferred to another cadre. The petitioners are settled, for a more than decade in District Police. There is no overlapping of posts in the District Cadre. The respondent is not claiming that petitioners have occupied seats of others and there was shortage of posts in District Cadre. 8.
In the wake of efflux of time and continuation of petitioners with District Cadre since 2011 as well as afore-stated factual position, this Court deems it appropriate to make order 25.09.2013 absolute. 9.
Disposed of.
10.
Pending application(s), if any, also stands disposed of. (JAGMOHAN BANSAL) JUDGE 25.08.2025 Deepak DPA Whether Speaking/reasoned: Yes/No Whether Reportable:
Yes/No