← Library
High Court of Punjab and HaryanaCWP/16482/2018dismissed

Jagdeep Singh v. State Of Punjab & Others

2018-07-09Mrs. Justice Raj Rahul Garg2 pages

CWP 16482/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 16482/2018 DATE OF DECISION:9.7.2018 Jagdeep Singh ....................Petitioner v State of Punjab and another .....................Respondents Coram:- Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Rajinder Sharma,Advocate for the petitioner. Jaswant Singh,J.(Oral) Petitioner is working as Panchayat Officer in the Department of Rural Development and Panchayat,Punjab. He has filed the instant petition seeking a writ of certiorari for setting aside order dated 2.7.2018 (P-8) vide which he was transferred from Panchayat Samiti Khadoor Sahib, after a stay of two months and made available for transfer to a place to be decided later on allegedly against the transfer policy (P-1). Heard learned counsel for the petitioner.

A perusal of various transfer orders reveals that vide order dated 26.5.2017 (P-2) petitioner was transferred from Panchayat Samiti Khadoor Sahib to Panchayat Samiti Rayya. Vide order dated 10.7.2017(P3) one Sh.Satwinder Singh was transferred from Panchayat Samiti Tarn Taran to Panchayat Samiti Rayya and petitioner was not posted anywhere and petitioner reported at Head Quarter. Thereafter vide order dated 24.8.2017 (P-4) petitioner,who was available at Head Quarter for posting Rajinder Parshad Joshi 2018.07.16 14:47 I attest to the accuracy and integrity of this document

CWP 16482/2018 was posted at Shri Hargobindpur against vacant post. After a period of 5 months, petitioner was transferred from Shri Hargobindpur to Panchayat Samiti Batala vide order dated 16.1.2018 (P-5). Thereafter on the request of the petitioner, he was transferred from Panchayat Samiti Batala to Panchayat Samiti Khadoor Sahib against a vacant post vide order dated 30.5.2018 (P7). Lastly, petitioner vide order dated 2.7.2018 (P-8) petitioner has been transferred from Khadoor Sahib and made available for posting at a place to be decided later on and in the meantime required to report at Head Office. In this petition, challenge is only to the transfer order P-8 vide which petitioner has been transferred from Khadoor Sahib and made available for posting, meaning thereby, that he was not aggrieved against his previous transfers. This time, petitioner is aggrieved against his transfer as he has been transferred from his place of choice as he was posted at Khadoor Sahib on his request.

No employee has a right to stay posted at his place of choice and it is for the employer to see as to where he is to be posted. Courts are not required to interfere in the matter of transfer and posting as the same lies within the domain of employer. Accordingly, finding no merit in this writ petition the same is hereby dismissed.

9.7.2018 (Jaswant Singh) joshi Judge Rajinder Parshad Joshi 2018.07.16 14:47 I attest to the accuracy and integrity of this document