Petitioner, a Science Master transferred by Government of Punjab, filed a writ. Court held transfer is an incidence of service and refused writ, but directed respondent to consider petitioner's representations sympathetically.
Direction to respondent No.1 to consider petitioner's request sympathetically and pass an appropriate order.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civl Writ Petition No.14994 of 2011 Date of Decision : August 17, 2011.
Surinder Kumar Gupta ..... Petitioner versus State of Punjab and others ..... Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Kapil Kakkar, Advocate, for the petitioner.
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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?
3. Whether the judgment should be reported in the Digest?
(Oral) Surya Kant, J.
The petitioner is working as a Science Master in the Education Department, Government of Punjab. He was transferred vide order dated 7.4.2010 (Annexure P-1) from Government High School, Swahwala, District Ferozepur to Government Senior Secondary School, Gatti Razoke, District Ferozepur. It is stated that the transfer order was passed on the basis of specific allegations which have not been proved subsequently in the departmental enquiry. The petitioner has thereafter represented the authorities through his family members for cancellation of his transfer in public interest. Since no such order has been passed that he has approached this Court.
CWP No.14994 of 2011 [2]
Having heard learned counsel for the petitioner, I am of the considered view that the desired writ cannot be issued by this Court as the transfer is an incidence of service. However, keeping in view the fact that the petitioner has highlighted some mitigating circumstances in the representations submitted by his family members, I deem it appropriate to dispose of this writ petition with a direction to respondent No.1 to consider the request of the petitioner sympathetically and pass an appropriate order order in administrative interest.
Ordered accordingly.
Dasti.
(SURYA KANT) August 17, 2011 Mohinder JUDGE
2 issues framed by the court
Whether a writ can be issued to question a service transfer order.
Whether the petitioner's request for transfer cancellation should be sympathetically considered.
Surinder Kumar Gupta
State of Punjab
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
