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High Court of Punjab and HaryanaCWP/28739/2018dismissed

Dr. Chandrika Malik v. State Of Haryana & Others

2018-11-14Mr. Justice A.B. Chaudhari2 pages

CWP No. 28739-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 28739-2018 Date of decision : 14.11.2018 Dr. Chandrika Malik

...Petitioner

versus State of Haryana and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Abhishek Sethi, Advocate for the petitioner **** RITU BAHRI , J. (Oral) The present petition under Artice 226/227 of the Constitution of India, is for setting aside order dated 06/12.11.2018 whereby the transfer of the petitioner from the post of Civil Surgeon, ESI Health Care, Karnal to the post of Civil Surgeon, ESI Health Care, Faridabad has been cancelled. Learned counsel submits that the petitioner has unblemished service of more than 29 years and since the petitioner is about to retire on 30.09.2018, she made a request to transfer her near her house where her husband is running a private clinic. She was accordingly transferred to ESI Health Care Faridabad in place of Dr. Anita Khosla, vide order dated 12.10.2018. Subsequently, on a request made by Dr. Anita Khosla, the above said transfer order was cancelled, vide Annexure P-2 on 06/12.11.2018 on a note moved by Hon'ble Minister of State for Labour and Employment, Government of Haryana (Annexure P-2).

Lerned counsel submits that the petitioner was posted in Karnal Gaurav Arora 2018.11.16 15:05 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 28739-2018 in August 2017 and thereafter, she made a request for her transfer near her house, as she is due to retire on 30.09.2018. Learned counsel for the petitioner has further informed that Dr. Anita Khosla has also been working in Faridabad from August, 2017. The only grievance of the petitioner that her transfer order has been cancelled within one month.

Heard learned counsel for the petitioner.

No ground is made out for setting aside order dated 06/12.11.2018, as both petitioner and Dr. Anita Khosla are working at their respective places from August 2017 and at least they should have complete three years at one place. So, the transfer order has rightly been cancelled. Dismissed.

(RITU BAHRI) JUDGE 14.11.2018 G Arora Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.11.16 15:05 I attest to the accuracy and integrity of this document Chandigarh