Jasleen Mehta v. State Of Punjab And Others

2023:PHHC:089909 120+307+308

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-15065-2023 Jasleen Mehta . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CWP-14158-2023 Vikramjit Kaur . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CWP-14272-2023 Harinder Singh and another . . . . Petitioners Vs.

State of Punjab and others . . . . Respondents **** Date of Decision: 18.07.2023 **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present

Mr. Bikramjit Singh Baath, Advocate for the petitioner (in CWP-15065-2023).

Mr. Ashu Kaushik, Advocate for the petitioner (in CWP-14158-2023).

Mr. Kapil Kakkar, Advocate for the petitioners (in CWP-14272-2023).

Mr. Vikas Arora, AAG, Punjab.

**** SANJEEV PRAKASH SHARMA, J.(Oral) 1.

The petitioners are before this Court in all three Writ Petitions who have been asked to submit their joining at the main headquarters MOHIT GOYAL 2023.07.19 10:22 I attest to the accuracy and integrity of this document

CWP-15065-2023& others connected matters 2023:PHHC:089909 mentioning therein that their transfer orders would be issued later on. In a way, they have been kept awaiting their posting orders. 2.

The petitioners have assailed the said order dated 30.06.2023 submitting that they have only remained for a short period of about 2/3 months before they have been asked to join at headquarters with a condition that fresh transfer orders shall be issued. In their place, other persons have been asked to join.

3.

It is also noticed that in CWP-14272-2023, the incumbent has already joined, while the petitioner is yet to be issued any positing order. 4.

Learned counsels have taken this Court to the transfer policy issued by the State Government showing their difficulty in being posted at other places.

5.

While it is settled law that transfer policy cannot be enforced and is only a policy decision, and further transfers and postings are incident of service, it would be appropriate to direct the respondent-State to examine the representations made by the petitioners individually, and post them at a nearby reasonable place, if it is possible. Decision be taken expeditiously, preferably within a period of 3 weeks. 6.

With the said observations, the Writ Petitions are disposed of. (SANJEEV PRAKASH SHARMA) JUDGE July 18, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.07.19 10:22 I attest to the accuracy and integrity of this document