Jung Bhader v. State Of Punjab And ORS

CWP No.23070 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.23070 of 2024 (O&M) Date of decision: 11.09.2024 Jung Bhader ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Ms. Sunaina, Advocate and Mr. Nikhil Thamman, Advocate for the petitioner.

Mr. Surya Kumar, AAG, Punjab.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting-aside/quashing of the order dated 30.08.2024 (Annexure P-1) vide which he has been ordered to be transferred from Nagar Council Banur, District S.A.S. Nagar to Nagar Council Sahnewal, District Ludhiana. Further prayer has been made to stay the operation of the order dated 30.08.2024 (Annexure P-1). 2.

Learned counsel for the petitioner submits that the petitioner is due to retire from service on attaining the age of superannuation on 28.02.2026 and the impugned transfer order is against the policy instructions, which provides that the employees retiring within two years shall not be disturbed from the present place of posting. She further submits that the petitioner had already submitted a MOHD YAKUB 2024.09.11 18:31 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.23070 of 2024 (O&M) representation dated 03.09.2024, to respondent No.2 and the petitioner would be satisfied in case time bound directions are issued to consider and decide the said representation dated 03.09.2024 (Annexure P-4), by passing a speaking order.

3.

Notice of motion.

4.

Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondents No.1 and 2. On the asking of the Court Mr. Vipul Jindal, Advocate, who is on the panel of Department of Local Government, Punjab, has accepted notice on behalf of respondent No.3 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.2 to decide representation dated 03.09.2024 (Annexure P-4), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of 03 weeks from the date of receipt of certified copy of this order.

(NAMIT KUMAR) JUDGE 11.09.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.09.11 18:31 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh