Allowed

Madan Gopal Bhatia v. State of Punjab & Ors.

Punjab & Haryana HC17 Feb 2010CWP/18025/2009

Case brief

AI extract

What is this about?

The petitioner, a government servant near retirement age, sought relief regarding his posting and accommodation rent after multiple transfers. The court modified the impugned order to regularize his posting at Chandigarh instead of treating it as a temporary adjustment.

What did the court decide?

The impugned order dated 31.8.2009 was modified. The petitioner shall be treated as regularly posted at Chandigarh. The respondents were at liberty to transfer the officer currently serving in that po

Madan Gopal Bhatia Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.W.P. 18025 of 2009 . [O&M] Date of Decision: 17^th February, 2010 .

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Madan Gopal Bhatia

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Petitioner through Mr. Rajiv Joshi, Advocate

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Versus

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State of Punjab & Ors. Respondents through Mr. B.S.Chahal, DAG, Punjab.

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CORAM:

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HON'BLE MR. JUSTICE SURYA KANT.

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1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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SURYA KANT, J. [ORAL)

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The petitioner is working as a Superintendent Grade-II in

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the Public Works Department, Government of Punjab and is due for retirement on attaining the age of superannuation on 30.9.2010. On

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his representation, he was transferred and posted at Chandigarh in the Head Office vide order dated 26.2.2009. It appears that no work

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was allotted to the petitioner till 3.6.2009. Thereafter, vide order

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dated 1.7.2009 [Annexure P-1], the petitioner was transferred from Chandigarh to Patiala. He again represented [Annexure P-3] to the

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authorities citing the date of his retirement and requested for his retention at Chandigarh where he wanted to settle down after retirement.

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Having considered his request sympathetically, the respondents passed the order dated 31.8.2009 [Annexure P-4] whereby the petitioner has been 'adjusted' at Chandigarh, but it has been directed that he shall continue to draw his pay from Patiala. The resultant effect is that he can not retain the government accommodation at Chandigarh which was earlier allotted to him. The petitioner has been asked to pay the market rent for the government accommodation because of his 'temporary' adjustment at Chandigarh.

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During the course of hearing, it transpires that there are two other Superintendent Grade-II, namely, Ashwani Kumar and Sat Pal Sharma, out of whom the latter is due to retire on 31.5.2010. Shri Ashwani Kumar is continuing in the Head Officer for the last more than eight years. In these circumstances and with a view to redeem the petitioner of the hardship of paying the market rent for the government accommodation, it would have been fair and appropriate for the respondents to regularize the posting of the petitioner at Chandigarh against the longer stay.

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Consequently, the writ petition is allowed; the impugned

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order dated 31.8.2009 is modified to the extent that instead of 'adjustment', the petitioner shall be treated to have been 'regularly' posted at Chandigarh. The respondents shall be at liberty to transfer Ashwani Kumar – Superintendent Grade II in the field till a vacancy arises in the Head Office.

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Disposed of. Dasti .

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February 17, 2010. ( SURYA KANT ) dinesh JUDGE

Madan Gopal Bhatia v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Madan Gopal Bhatia v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

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