High Court of Punjab and HaryanaCWP/20779/2025dismissed

Mohit Dahiya And Others v. State Of Haryana And Others

2025-08-08Mr. Justice Harpreet Singh Brar15 pages

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B. Varadha Rao Vs. State of Karnataka, (1986) 4 SCC 13, National Hydroelectric Power Coprn. Ltd. Vs. Shri Bhagwan, (2001) 8 SCC 574, Gujarat Electricity Board Vs. Atmaram Sungomal Poshani, 1989 (2) SCC 602, Kendriya Vidyalaya Sangathan Vs. Damodar Prasad Pandey, 2004 (12) SCC 299 Amar Pal Singh Vs. Vice Chancellor, Punjab Agricultural University, (P&H) (DB) 2007(7) SCT 1984. 0/ 30 ((

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0 50 D ! ECan the respondentNigam deviate from the Model Online Transfer Policy of the State Government and prescribe a different criteria in UHBVNL Transfer Policy, 2025?

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"9&%- "2.0 Application xxx xxx xxx (iv) On notification, this policy shall be applicable to all the departments initially, within 15 days of notification, each department shall publish the list of cadres that are covered under this policy along with the "Prescribed Tenure", "Minimum tenure" and "Unit" for each cadre as decided by the competent authority. Thereafter, this list alongwith aforementioned variables may be revised by the competent authority from time to time, as per administrative requirements, after approval from Human Resource Department (HRD) only. For each cadre, the detail as mentioned herein, as decided by competent authority, shall be read as part of this Model Online Transfer Policy for that cadre.

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"9&%-4 3.0 Definitions:

In this policy, unless there be anything repugnant in the subject or context;

xxx xxx xxx (viii) 'Prescribed Tenure' means the maximum period of stay of an employee at one given unit, for a period, as decided by the competent authority. While calculating the prescribed tenure of an employee at one unit on the qualifying date, xxx xxx xxx

(xiv) 'Vacant Post for transfer' means posts available after rationalization to employees participating in a transfer drive and will include post from amongst:

a) a post not occupied by any employee shall be called an actual vacancy;

b) a post presently occupied by an employee for the prescribed tenure or by way of temporary transfer or by a contractual employee shall called a deemed vacancy;

c) a post occupied by an employee, who has completed the minimum tenure at a unit and has exercised her/ his option to participate in the general transfer drive under this policy shall be called a voluntary vacancy;

d) a post occupied by an employee on initial appointment, promotion. reinstatement after suspension or repatriation from deputation from another Department/Organisation other authority, after the preceding online transfer drive shall be called a notional vacancy;

6.0 Other Provisions:

xxx xxx xxx ix.

Instructions issued by the state government with regard to transfer/ posting Government employees in Home District, from time to time, shall be read as part of this policy.

The competent authority shall ensure that timelines prescribed under this policy for completion of various stages shall be strictly adhered to. However, if due to any administrative or technical reasons, the said timelines could not be adhered to, the competent authority under intimation to Human Resource Department (HRD) may extend the said timeline maximum by one month (in total) after recording the reasons in writing.

8.0 Appointment by promotion/ direct recruitment: Employees taken in a cadre through initial appointment, promotion, reinstatement after suspension or repatriation

from deputation from another Department/Organisation other authority will be posted in the unit and/or posts of eligibility and availability. Thereafter, they will fall under "Notional category" and will have to compulsorily participate in the upcoming transfer drive for the said cadre.

Xxx xxx xxx 11.0 Savings & Repeal:

i) UHBVNL's Transfer Policies issued vide Notification No. 86/UH/GA60/Reg. dated 13.09.2012, Notification No.164/UH/GA60/Reg./Voll dated 22.10.2020 & Notification No.166/UH/GA60/Reg./VolI dated 12.10.2021 and all other existing transfer policies are hereby repealed/ withdrawn from the date of issuance of this policy. ii) Anything done or any action taken by the competent authority under this policy shall be deemed to have been validly done or taken under this policy.

iii) Any transfer drive initiated prior to the notification of this policy may be completed and concluded in terms of the earlier policy.

Annexure II A] For Operation of Transfer Drive through Online Mode i) The regular officers/officials of following twenty nine (29) cadre(s) irrespective of cadre strength and cadres with sanctioned strength of 15 & above would be considered for posting through Online Transfer against sanctioned/working vacant post or in any office as deemed fit by the competent authority: Sr.

No.

Designation Tenure Prescribed Minimum xxx xxx xxx xxx 2.

Executive Engineer/ Electrical 3 years 2 years

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! , Union of India Vs. S.L. Abbas, (1993) 4 SCC 357 0 0

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* 0 E7. Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by mala fides or is made in violation of any statutory

5 provisions, the Court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. Similarly if a person makes any representation with respect to this transfer, the appropriate authority must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guideline however does not confer upon the Government employee a legally enforceable right.F (+ ) 5 5 0 >

! , State of U.P. and others Vs. Gobardhan Lal, (2004)11 SCC 402, 5 0 0

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"7. It is too late in the day for any Government Servant to contend that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contra in the law governing or conditions of service. Unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an Act or Rule) or passed by an authority not competent to do so, an order of transfer cannot lightly be interfered with as a matter of course or routine for any or every type of grievance sought to be made.

Even administrative guidelines for regulating transfers or containing transfer policies at best may afford an opportunity to the officer or servant concerned to approach their higher authorities for redress but cannot have the consequence of depriving or denying the competent authority to transfer a particular officer/servant to any place in public interest and as is found necessitated by exigencies of service as long as the official status is not affected adversely and there is no infraction of any career prospects such as seniority, scale of pay and secured emoluments.

7 transfer made even in transgression of administrative guidelines cannot also be interfered with, as they do not confer any legally enforceable rights, unless, as noticed supra, shown to be vitiated by mala fides or is made in violation of any statutory provision.

8. A challenge to an order of transfer should normally be eschewed and should not be countenanced by the Courts or Tribunals as though they are Appellate Authorities over such orders, which could assess the niceties of the administrative needs and requirements of the situation concerned. This is for the reason that Courts or Tribunals cannot substitute their own decisions in the matter of transfer for that of competent authorities of the State and even allegations of mala fides when made must be such as to inspire confidence in the Court or are based on concrete materials and ought not to be entertained on the mere making of it or on consideration borne out of conjectures or surprises and except for strong and convincing reasons, no interference could ordinarily be made with an order of transfer."

(emphasis added) (6 " 0

! , Union of India Vs. N.P. Thomas, (1993) 6 Supp (1) SCC 704 N.K. Singh Vs. Union of India, (1994) 6 SCC 98 Pubi Lombi Vs. State of Arunachal Pradesh and others, 2024 SCC OnLine SC 279.

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