High Court of Punjab and HaryanaCWP/20557/2019dismissed

Narender Kumar And Others v. State Of Haryana And Another

2019-08-27Mr. Justice Amit Rawal2 pages

CWP No.20557 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.20557 of 2019 (O&M) Date of Decision.27.08.2019 Narender Kumar and others

...Petitioners

Vs State of Haryana and another

...Respondents

Present:

Mr. C.R. Dahiya, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Challenge in writ petition is to the order dated 08.03.2019 (Annexure P-4) whereby petitioners along with other Warders have been transferred as per terms and conditions of online transfer policy of 2018 introduced for the first time.

Mr. Dahiya, learned counsel appearing for petitioners submitted that policy envisages transfer only by 31.03.2019 and not mid session as it would cause great hardship to children of Warders studying in various schools and family members, therefore, transfers should be deferred till 31.03.2020.

Ms. Shruti Jain Goyal, DAG, Haryana submitted that aforementioned policy was challenged, which was upheld by this Court and as per order dated 14.03.2019 (Annexure P-2), this Court has upheld transfers of 350 Warders, who gave options as per transfer policy and directed the State to carry out options of remaining Warders. The aforementioned order was upheld in LPA.

I have heard learned counsel for parties and appraised paper book. There was a Model Code of Conduct owing to General Elections in PANKAJ KUMAR 2019.09.02 17:02 I attest to the accuracy and integrity of this document

CWP No.20557 of 2019 (O&M) -2entire country and therefore, Warders could not give option except petitioners along with other persons i.e. 350 in number. Once petitioners have opted for transfer, they cannot volte face and allege to defer transfer order dated 08.03.2019 in the month of August, 2019 till March, 2020. No ground for interference is made out.

Dismissed.

(AMIT RAWAL) JUDGE August 27, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2019.09.02 17:02 I attest to the accuracy and integrity of this document