Iqbal Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 04.09.2024 Iqbal Kaur .. Petitioner

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr.Kapil Kakkar, Advocate for the petitioner.

Mr. T.P.S. Chawla, Sr. DAG, Punjab.

**** HARSIMRAN SINGH SETHI J. (ORAL) 1.

In the present petition,the grievance being raised by the petitioner is that the petitioner, who is a physically handicap employee and is a widow and has to look after her 88 years old father as well as mentally retarted brother, has been transferred 50 kilometers away from the present place of posting i.e. from GSSS Khudda, District Hoshiarpur to GSSS Ambala Jattan, District Hoshiarpur vide impugned order dated 30.08.2024 (Annexure P-3) and that too without appreciating her difficulty with regard to the discharge of the duties of the post of Principal. 2.

Learned counsel for the petitioner further submits that the petitioner has already filed a representation dated 30.08.2024 (Annexure P5), which is still pending consideration with the respondents and the

petitioner will be satisfied, at this stage, in case direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner.

3.

Notice of motion.

3.

On the asking of the Court, Mr. T.P.S. Chawla, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the respondentState and submits that in case, representation dated 30.08.2024 (Annexure P-5) has been received in the office of the concerned authorities and the same is still pending for the sympathic consideration of the claim of the petitioner so as to post her at a nearby station, appropriate consideration will be given, and in case, it is found feasible to grant the said benefit of allowing her to remain at the present place of posting or to post her at a nearby station, the same will be granted, and the said decision will be taken within a period of eight weeks from the date of the receipt of certified copy of this order.

4.

Learned counsel for the petitioner submits that keeping in view the statement of the learned State counsel, the present petition may kindly be disposed of having been not pressed any further. 5.

Ordered accordingly.

6.

Keeping in view the fact that the respondents have already undertaken to sympathetically consider the claim of the petitioner, as noticed hereinabove, it is directed that till any order is passed on the representation of the petitioner, the impugned order of transfer dated 30.08.2024 (Annexure P-3) qua the petitioner be not given effect to and the

petitioner be allowed to continue at GSSS Khudda, District Hoshiarpur. 04.09.2024 (HARSIMRAN SINGH SETHI) Satyawan JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No