Harjit Kaur v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19398-2026 (O&M) Date of decision: 24.06.2026 Harjit Kaur ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Ritesh Pandey, Advocate for the petitioner. Mr. Bhanu Partap Singh, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the letter/impugned order dated 13.06.2026 (Annexure P-3) passed by respondent No.2, vide which the petitioner has been transferred from Kalanaur (additional charge Dera Baba Nanak) to Fatehgarh Churian, Tehsil Batala, District Gurdaspur. Further a writ of mandamus has been sought, directing the respondents to decide the representation dated 13.06.2026 (Annexure P-4) filed by the petitioner.

2.

Learned counsel for the petitioner, inter alia, contends that the petitioner was initially appointed as Supervisor in the Department of Social Security and Women and Child Development in the year 2016 and was subsequently promoted to the post of Child Development Project Officer. The petitioner was transferred to Qadian, District

Gurdaspur and thereafter posted at Kalanaur, District Gurdaspur, with additional charge of Tehsil Dera Baba Nanak, Batala, District Gurdaspur. Learned counsel for the petitioner further submits that the petitioner is a physically handicapped lady suffering from 45% permanent disability of the lower limb, as discernbile from the Medical Certificate issued by the office of the Civil Surgeon, Gurdaspur and the Unique Disability ID Card (Annexures P-1 and P-2). The petitioner has a permanent residence at Kalanaur and is also undergoing medical treatment there, and, therefore, frequent travel causes considerable hardship to her. Learned counsel for the petitioner further contends that vide impugned order dated 13.06.

2026, the petitioner has been transferred from Kalanaur, where she was also holding additional charge of Dera Baba Nanak, Batala, to Fatehgarh Churian, Batala (Annexure P3), which, according to the petitioner, is situated at a distance of about 45 kilometres from her native village, making daily commuting difficult for the petitioner in view of her disability. He further submits that certain other colleagues have continued at their respective places of posting for the last 5-6 years, whereas the petitioner has been transferred despite physically handicapped. Learned counsel for the petitioner further submits that the petitioner and one Rashpal Kaur, who was transferred in her place, submitted a joint representation dated 13.06.2026 (Annexure P-4) before respondent No.

2 regarding transfer on mutual consent, however, the said representation has not been decided till date.

2.1.

Learned counsel for the petitioner submits that he would be satisfied if the representation dated 13.06.2026 (Annexure P-4) of the petitioner is decided by respondent No.2 by passing a speaking order in a time bound manner.

3.

Learned State counsel, appearing on advance notice, submits that he has no objection, in case a direction is issued to the respondent No.2 for time-bound consideration and decision of the representation dated 13.06.2026 (Annexure P-4) of the petitioner by passing a speaking order.

4.

Keeping in view of the limited prayer made by learned counsel for the petitioner, the respondent No.2 is directed to consider the representation dated 13.06.2026 (Annexure P-4) of the petitioner and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2.

5.

Disposed of, accordingly.

(HARPREET SINGH BRAR) JUDGE 24.06.2026 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No