The High Court dismissed a writ petition challenging the transfer of a pharmacist from Civil Hospital to a Primary Health Centre. Relying on Union of India vs. S.L. Abbas, the court held that transfer orders are mere incidents of service and do not create enforceable rights unless vitiated by mala fides.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
CWP No.17021 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.17021 of 2012 Date of decision:03.09.2012
Kuldeep Kaur
......Petitioner
Vs.
State of Punjab & others
...Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Kamal Grover, Advocate for the petitioner.
Tejinder Singh Dhindsa, J. (Oral)
The petitioner, who is holding the post of Pharmacist under the Health and Family Welfare, State of Punjab has filed the present writ petition impugning the order dated 06.08.2012(Annexure P-1) whereby amongst other employees, the petitioner had been transferred from Civil Hospital, Amritsar to Primary Health Centre, Manawala (Amritsar).
Learned counsel for the petitioner contends that the petitioner is unmarried and that her mother is not keeping good health. Counsel for the petitioner further submits that in terms of the transfer policy/guidelines formulated by the State, unmarried female employees are to be adjusted and given preference as regards the place of posting.
It has been fairly conceded that the petitioner had already completed a tenure of three years at Civil Hospital, Amritsar prior to passing of the impugned order dated 06.08.2012 (Annexure P-1).
I not inclined to interfere in an order of transfer. Hon'ble Apex
-2-
CWP No.17021 of 2012
Court in the case of Union of India Vs. S.L. Abbas 1995 (4) SCT 455 had clearly held that the transfer policy/guidelines do not vest an enforceable right in favour of the employee. Even otherwise, transfer is mere incidence of service. There is no allegation that the impugned order is vitiated by mala fides.
I find no basis that would warrant interference in the impugned order dated 06.08.2012 (Annexure P-1) insofar as the transfer of the petitioner is concerned.
No merit.
The civil writ petition is dismissed.
September 03, 2012 (TEJINDER SINGH DHINDSA) harjeet JUDGE
1 issue framed by the court
Whether the transfer of an unmarried female pharmacist guest-posted to a different location is maintainable in a writ petition.
Colour shows how this judgement treated each authority
Union of India Vs. S.L. AbbasFollowed¶19
Union of India Vs. S.L. Abbas 1995 (4) SCT 455
1 provisions across 1 enactments
Kuldeep Kaur
State of Punjab
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
