Disposed

Aruna Kumari v. State of Punjab & Ors.

Punjab & Haryana HC3 Aug 2010CWP/13600/2010

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by the petitioner by staying further orders against the petition and directing the Director, Health & Family Welfare, Punjab, to reconsider transfer cancellations and decide on representations within two weeks, relying on a related judgment's undertaking.

What did the court decide?

Petition disposed; liberty to move representation to Director; Director directed to consider representations within two weeks.

Aruna Kumari Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

¶2

Civil Writ Petition No.13600 of 2010 Date of Decision: August 03, 2010

Aruna Kumari

.....PETITIONER(S)

VERSUS

State of Punjab & Others

¶7

.....RESPONDENT(S)

¶8

. . .

¶9

CORAM: HON'BLE MR. JUSTICE AJAI LAMBA

¶10

PRESENT: - Mr. Diwan S. Adlakha, Advocate, for the petitioner.

¶11

. . .

¶12

AJAI LAMBA, J (Oral)

¶13

This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order dated 21.6.2010 (Annexure P-3) whereby orders of transfer of petitioner alongwith scores of other persons have been cancelled.

¶14

It transpires that vide Order dated 13.5.2010 (Annexure P-1), the petitioner, who is serving as Pharmacist, had been transferred from PHC Dher, Kirtpur Sahib, District Rupnagar (on temporary duty Civil Dispensary, Sector 39,

¶15

CWP No.13600 of 2010 [2]

¶16

Chandigarh) to ESI Dispensary No.2, Mohali against vacant post.

¶17

Notice of motion. 4. On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Requisite number of copies of the writ petition have been handed over to learned counsel for the respondents in Court.

¶18

On request of learned counsel for the parties, the matter is taken up at this stage itself for final adjudication in view of the peculiar facts and circumstances of the case.

¶19

The issue has been considered by this Court while dealing with Civil Writ Petition No.11693 of 2010 titled ` Jasbir Kaur vs. State of Punjab &

¶20

Another ’, decided on 6.7.2010. Dr. J.P. Singh, Director, Health & Family Welfare, Punjab was present in Court and had given assurance that all the orders of transfer cancelled by him (issued by the former Director), would be re-considered considering administrative exigency.

¶21

Learned counsel for the respondent-

¶22

State contends that case of the petitioner can

¶23

also be looked into by the Director, Health & Family Welfare, Punjab, if she moves a

¶24

CWP No.13600 of 2010 [3]

¶25

representation within 7 days from today.

¶26

The petition is disposed of in terms of Order dated 6.7.2010 passed in Civil Writ Petition No.11693 of 2010 titled ` Jasbir Kaur vs. State of Punjab & Another ’ with liberty to the petitioner to move a representation to the Director, Health & Family Welfare, Punjab.

¶27

Since a number of cases are being filed in this Court, Director, Health & Family Welfare, Punjab, is directed to consider representation/ application of any employee who approaches him in the context of orders passed on 21.6.2010, and take decision within a period of two weeks of filing of representation(s), considering administrative exigency and in terms of undertaking given to this Court in the above mentioned case.

¶28

(AJAI LAMBA)

¶29

August 03, 2010 JUDGE avin

¶30

To be referred to the Reporters or not?

¶31

Whether the judgment should be reported in the Digest?

Aruna Kumari v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Aruna Kumari v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Lakhwinder Kaur Vs State of Punjab and Ors.

Balbir Kaur & Ors. Vs State of Punjab & Ors.

Karamjit Kaur Vs State of Punjab and Ors.

Jaswant Singh Vs State of Punjab and Anr.

Subhash Chander Batra Vs State of Punjab and Ors.

Karamjit Singh Vs State of Punjab & Ors.