High Court of Punjab and HaryanaCWP/15499/2018disposed of

Rakesh Kumar v. State Of Haryana And Others

2019-08-19Mr. Justice Amit Rawal2 pages

CWP No.15499 of 2018 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15499 of 2018 (O&M) Date of Decision.19.08.2019 Rakesh Kumar

...Petitioner

Vs State of Haryana and others

...Respondents

Present:

Mr. J.P. Dhull, Advocate for petitioner.

Mr. R.K. Doon, AAG, Haryana.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Prayer in writ petition is for quashing of the order dated 9.11.2017 (Annexure P-3) passed by respondent No.2 and order dated 06.06.2018 (Annexure P-5) passed by respondent No.3 whereby earlier transfer orders were cancelled and now sought to be transferred from Karnal to Faridabad alleged to be contrary to Transfer Policy of Haryana Government.

This Court on 20.06.2018 issued notice of motion and stayed operation of impugned order. Application bearing No.18607 of 2018 under Section 151 CPC has been filed for disposal of writ petition on the premise that in pursuance of observation of this Court in order dated 1.9.2017 passed in CWP No.17899 of 2017, Haryana Government has come out with a new transfer policy i.e. State Transport Haryana Employees Transfer Policy, 2018 applicable in cadres of Drivers, Conductors, Sub-Inspectors and Clerks instead of general guidelines for all government employees of Class III & IV of Haryana Government. The aforementioned policy has already been approved at the level of Hon'ble Chief Minister. Since the Haryana Roadways PANKAJ KUMAR 2019.08.27 14:57 I attest to the accuracy and integrity of this document

CWP No.15499 of 2018 (O&M) -2is a commercial organization having 4200 number of buses allocated to 24 depots, service conditions for the post of Drivers, Conductors, Sub Inspector and Clerk etc. are governed under Haryana Transport Department (Group-C) Haryana Roadways Service Rules, 1995 which provide daily and weekly working hours.

Learned State counsel did not oppose aforementioned prayer in view of promulgation of now transfer policy.

Accordingly writ petition is disposed of with direction to respondents to consider case of petitioner for transfer in terms of 2018 Transfer Policy in accordance with law.

(AMIT RAWAL) JUDGE August 19, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2019.08.27 14:57 I attest to the accuracy and integrity of this document