Kanta v. State Of Haryana And Others

S.No.126+130

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** Date of Decision:08.09.2022 1.

CWP No.20342 of 2022 Tarun Kumar .....Petitioner Vs.

State of Haryana and others .....Respondents 2.

CWP No.20365 of 2022 Kanta .....Petitioner Vs.

State of Haryana and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Chanderhas Yadav, Advocate for the petitioner(s).

**** HARSIMRAN SINGH SETHI, J.

The present Civil Writ Petition Nos.20342 and 20365 of 2002, the details of which have been given in the heading of the order, are being disposed of by this common order, as these writ petitions having similar facts raises a same question of law.

Learned counsel for the petitioner(s) argued that the petitioner(s) were transferred vide order dated 28.08.2022 and they joined the place of transfer but immediately within a period of one/two days of joining at the said place, another person has been posted at the place of the petitioner and the petitioner(s) have been left without any place of posting, which act on the part of the respondent- authorities is contrary to law. Notice of motion.

On the asking of the Court, Mr. Harish Nain, learned Assistant Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondents- State.

RENU 2022.09.09 16:01 I attest to the accuracy and integrity of this document Chandigarh

CWP No.20342 of 2022 and CWP No.20365 of 2022 -2Learned counsel for the respondent- State submits that, as of now, he does not have any instructions as to why the petitioner(s) have been again transferred within a period of one/two days of their earlier transfer and the representation dated 29.08.2022 (Annexure P.4), filed by the petitioner(s) raising the said grievance before the authorities concerned will be decided, so as to make out their case that they are entitled to continue at the place of posting where they were transferred on 28.08.

2022, the same will be considered in accordance with law, coupled with the transfer policy and an appropriate order on the said representation will be passed and till the claim of the petitioner(s) is decided by the competent authority, the petitioner(s) will be allowed to continue at the place of posting where they were posted vide order dated 28.08.2022. Learned counsel for the petitioner(s) submits that the petitioner(s) have already filed a representation dated 29.08.2022 (Annexure P.

4) with the concerned authorities, as being requested by the learned State Counsel and keeping in view the statement of the learned State Counsel that till the claim of the petitioner(s) is decided, they will be allowed to continue at their present place of posting, no further grievance of the petitioner(s) survives and the present petition may kindly be disposed of with liberty to the petitioner(s) to approach the respondent- authorities. Ordered accordingly.

A photocopy of this order be placed on the file of another connected case.

September 08, 2022 ( HARSIMRAN SINGH SETHI ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2022.09.09 16:01 I attest to the accuracy and integrity of this document Chandigarh