Dismissed

Surender Kumar v. State of Haryana and Others

Punjab & Haryana HC9 Feb 2021CWP/1884/2021

Case brief

AI extract

What is this about?

A singlejudge bench dismissed a writ petition challenging a transfer order moving a fireman from Municipal Corporation Panchkula to Municipal Council Sirsa. The court held that transfers are administrative exigencies and merit no judicial interference under Article 226.

What did the court decide?

The writ petition was dismissed. The petitioner is at liberty to pursue grievances regarding seniority with the competent authority.

Surender Kumar Vs State of Haryana and Others — Service and Employment | Punjab & Haryana HC (2021)

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111

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-1884-2021 (O&M) Date of Decision: 09.02.2021

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Surender Kumar ...Petitioner Vs.

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State of Haryana and others ...Respondents

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CORAM: HON’BLE MR. JUSTICE ARUN MONGA

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Present : Mr. J.P.Rana, Advocate, for the petitioner.

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Ms. Mamta Talwar, DAG, Haryana. (Presence marked through video conference).

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ARUN MONGA, J. (ORAL)

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Petition herein is under Article 226 of Constitution of India seeking, inter alia , issuance of a writ in the nature of certiorari to quash the order dated 18.01.2021 (Annexure P-2) vide which the petitioner has been transferred from Municipal Corporation, Panchkula to Municipal Council, Sirsa.

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Learned counsel for the petitioner submits that petitioner is working as Fireman at Municipal Corporation, Panchkula since 22.09.2010. The post of Fireman in the Municipal Corporation in Haryana is a district Level post and the seniority for the same is maintained at the District Level. He submits that as per rules, no employee can be transferred from district Cadre to other district cadre as the same would amount to transfer outside the cadre of the employee and would affect the seniority of both the cadres.

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I have heard learned counsel for the petitioner and have gone through the case file.

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SHALINI BHATIA 2021.02.09 18:39 I attest to the accuracy and integrity of this document

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Transfer being matter of administrative exigencies, this Court generally interferes, if at all, very cautiously. Transfer is not a punishment

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but an essential aspect of service, particularly, on a transferable post.

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The impugned order dated 18.01.2021 (Annexure P-2) does not call for any interference from this Court in exercise of its extraordinary writ jurisdiction vested under Article 226 of Constitution of India.

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Dismissed.

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As regards the other grievance of the petitioner regarding seniority etc., he is at liberty to pursue the same with the competent authority.

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February 09, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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SHALINI BHATIA 2021.02.09 18:39 I attest to the accuracy and integrity of this document

Surender Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Surender Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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