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High Court of Punjab and HaryanaCWP/18535/2017disposed of

Sheela Rani v. State Of Haryana And ORS.

2017-08-31Mr. Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 18535 of 2017 Date of decision: 31.08.2017 Sheela Rani ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Saurabh Dalal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks directions to transfer the petitioner back to Rohtak on the ground that she is a widow and is only bread earner and taking care of her aged and ailing parents.

It is not disputed that the petitioner has been stationed since December 2005 at GPS Sugar Mill Colony, Rohtak and now has been transferred to GGPS Rithal, Rohtak vide order dated 17.09.2016 (Annexure P-2). It is her case that though the place of posting is around 35 kilometers away only but there is difficulty in accessing the school as there is no direct transport link.

In the opinion of this Court, she has no such legal right to be stationed at a particular place as the employee has to serve the State as per its requirement. However, counsel submits that representation dated 21.07.2017 (Annexure P-3) has also been filed with respondent no. 2 for transferring the petitioner to some other school within Rohtak City on compassionate grounds but no decision has been taken on the same. Counsel further submits that he would be satisfied if a time bound decision is taken on the same.

Notice of motion.

Shivani Gupta 2017.09.27 10:16 I attest to the accuracy and integrity of this document

-2Ms. Shruti Jain Goyal, AAG, Haryana accepts notice. Copy of the writ petition has been supplied to her.

Without commenting on the merits of the case or the entitlement of the petitioner for the abovesaid relief and keeping in view the circumstances which counsel has narrated, it is expected that respondent no. 2 shall take some decision on the representation dated 21.07.2017 (Annexure P-3) subject to the availability of suitable post which is more conducive for the petitioner, who is stated to be a widow. Let the needful be done within a period of 2 months from the date of receipt of certified copy of the order. The writ petition is disposed of with the above said observations.

31.08.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.09.27 10:16 I attest to the accuracy and integrity of this document