Nisha Rani v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.25330 of 2016 (O&M) Date of decision: 08.12.2016 Nisha Rani .... Petitioner Vs.

State of Haryana & ors.

.... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Ms. Shalini Atri, Advocate for the petitioner.

***** RAJIV NARAIN RAINA, J. (ORAL) The petitioner in the present petition has prayed for directions to the respondents to speedily finalize the request for mutual transfer from PGIMS, Rohtak to Shahid Hasan Khan, Mewat with Staff Nurse Smt. Kamlesh, who has received 'No Objection' from the Director, Shahid Hasan Khan Mewati Medical College, Mewat subject to the condition that the petitioner herein Smt. Nisha Rani, working in PGIMS, Rohtak is agreeable for transfer to Medical College at Mewat. The petitioner to give effect to the proposed arrangement has made a request representation on 18.11.2016 (Annex P-4).

Though the representation is of rather recent origin and approach to Court hurried but it will serve no useful purpose to show the door to the petitioner for being early since every citizen has a right to decision without delay when the request is otherwise genuine and bona fide. In any case, a request for mutual transfer inherently involves an expectancy based grievance that irks by the passing day. Therefore, I have interfered ex Sonia Bura 2016.12.

CWP No.25330 of 2016 (O&M) -2parte respondents in a limited way in order to serve the ends of justice without causing any prejudice to the respondents. Learned counsel for the petitioner assures that as per the transfer policy (Annex P-5) there is inter-transferability of personnel from one medical college to another on corresponding post. I accept this statement to make the order.

Without expressing any opinion on the merits of the case, the present petition is disposed of with directions to the competent authority to decide the request of the petitioner for mutual transfer made vide representation dated 18.11.2016 (Annex P-4) without delay in accordance to law. In case, the petitioner is required to be heard before passing the final order, she should be given one opportunity for the same. Final decision be taken and given effect to within a fortnight from receipt of certified copy of order from Court or the petitioner.

(RAJIV NARAIN RAINA) JUDGE 08.12.2016 sonia 1.Whether speaking/reasoned?

Yes 2.Whether reportable?

Yes Sonia Bura 2016.12.13 10:49 I attest to the accuracy and integrity of this document chandigarh