Kusum Lalta Punia v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19487-2020 (O&M) Date of Decision: 18.11.2020 Kusum Lalta Punia

...Petitioner

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr.Sanchit Punia, Advocate, for the petitioner.

Ms. Ranjana Shahi, Additional A.G., Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) The prayer made in the instant writ petition is for issuance of directions to the respondents to correct the present place of posting of the petitioner i.e. Government High School, Rawat Khera, Hisar, which has wrongly been shown as falling in Zone-2 on Management Information System (MIS, for brevity) despite the fact that same is under Zone-6. 2.

Learned counsel for the petitioner, inter alia, submits that for effecting transfers of the employees, MIS has been developed and each District has been divided in different Zones. However, zone of the petitioner has wrongly been shown as Zone-2, which is factually incorrect and her present place of posting falls in Zone-6. Despite repeated requests made vide representations dated 08.10.2019 (Annexure P-4) and 16.09.2020 (Annexure P-5), Zone of the petitioner has not been changed. According to him, due to said mistake, the petitioner is being deprived of her right to exercise her option of transfer to Zone-2 in the online transfer drive commencing from today. In the transfer policy, it is specifically provided in sub clause IV of SONU 2020.11.19 16:18 I attest to the accuracy and integrity of this document

Clause 9 that in case employee had completed 5 years in Zone l, 2, 3 and 4 then he/she cannot opt for transfer in these Zones. 3.

Notice of motion.

4.

Ms. Ranjana Shahi, Additional A.G., Haryana, who has joined proceedings on service of advance copy of the petition appears and accepts notice on behalf of the respondent-State of Haryana. 5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to decide her representations dated 08.10.2019 and 16.09.2020 (Annexures P-4 and P-5) and also by keeping in view the contentions stated in the present petition by treating the same as supplementary representation and pass a speaking order, in accordance with law.

7.

Let the needful be done as expeditiously as possible but not later one month from today.

8.

Till the passing of final orders on the representations of the petitioner, transfer policy shall not be given effect to. 9.

Petition stands disposed of accordingly.

NOVEMBER 18, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No SONU 2020.11.19 16:18 I attest to the accuracy and integrity of this document