Disposed¶21

Darshan Kumar v. State of Haryana and Others

Punjab & Haryana HC22 Apr 2025CWP/7419/2024

Case brief

AI extract

What is this about?

CWP-7419-2024; Darshan Kumar vs State of Haryana; High Court of Punjab and Haryana; transfer out of service cadre; infructuous writ petition; superseding transfer order dated 16.07.2024; Deputy Commissioner Jind; Director General Development & Panchayats Department; appointing authority for Drivers; statutory Service Rules of 2012; Block Development & Panchayats Officer Uchana/Narwana; Revenue and Disaster Management Department; Memo AA-II-2025/18541; liberty to seek revival; Vinod S. Bhardwaj J.; decision 22.04.2025.

What did the court decide?

Writ petition disposed of as having been rendered infructuous; liberty to seek revival if the averments are found factually incorrect. ¶21

Darshan Kumar Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as having been rendered infructuous; liberty to seek revival if the averments are found factually incorrect.

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Issue for consideration

Challenge to the order dated 16.02.2024 transferring the petitioner out of his service cadre from the Development & Panchayats Department, Haryana to the Revenue and Disaster Management Department, and whether the writ petition survives in view of the subsequent transfer order dated 16.07.2024.

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Court's answer

The instant writ petition is disposed of as having been rendered infructuous because the impugned transfer order dated 16.02.2024 stands superseded by a subsequent transfer order dated 16.07.2024, which is not a subject matter of challenge in the present writ petition, and the petitioner has joined his new place of posting.

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Key takeaways

Liberty is granted to the counsel for the petitioner to seek revival of the present writ petition in case the averments noticed hereinabove are found to be factually incorrect.obiter¶21

Detailed headnote1 paragraphs

Writ Petition (CWP-7419-2024, decided 22.04.2025, Vinod S. Bhardwaj, J.) — Darshan Kumar v. State of Haryana and Others. The petitioner challenged the order dated 16.02.2024 of the Deputy Commissioner, Jind transferring him out of his service cadre from the Development & Panchayats Department, Haryana to the Revenue and Disaster Management Department. An interim order of 03.04.2024 had allowed him to continue at his pre-transfer workplace. On the State's submission (Memo No. AA-II-2025/18541 dated 21.04.2025) that the impugned order stood superseded by a subsequent transfer order dated 16.07.2024 passed by the Director General, Development & Panchayats Department — the designated appointing authority for Drivers under the statutory Service Rules of 2012 — posting him to the office of the Block Development & Panchayats Officer, Narwana, District Jind, and that the petitioner had joined without objection, the Court disposed of the writ petition as having been rendered infructuous, with liberty to seek revival if the averments were found factually incorrect.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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270

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CWP-7419-2024 Date of decision: 22.04.2025

DARSHAN KUMAR

......Petitioner

VERSUS

STATE OF HARYANA AND OTHERS

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.......Respondents

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CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

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Present: - None for the petitioners.

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Mr. Vivek Saini, Addl. A.G. Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

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Challenge in the present writ petition is to the order dated 16.02.2024 whereby the petitioner had been transferred out of his service cadre from the Development & Panchayats Department, Haryana to Revenue and Disaster Management Department by the Deputy Commissioner Jind.

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The matter came up for hearing on 03.04.2024, an interim order was passed permitting the petitioner to discharge his duties where he was working prior to the passing of the order of 16.02.2024. The matter remains pending before this Court to enable filing of reply.

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Even though an adjournment slip has been circulated by the Counsel for the petitioner, however, it is apprised by the learned State Counsel that the office of Advocate General is in receipt of the

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VISHAL SHARMA 2025.04.28 13:16 I attest to the accuracy and integrity of this document

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CWP-7419-2024 -2-

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communication bearing Memo No. AA-II-2025/18541 dated 21.04.2025 as per which the petitioner has been subsequently posted in the office of Block Development & Panchayats Office vide order dated 16.07.2024 passed by the Director General, Development & Panchayats Department, who is designated appointing authority in the case of Drivers as per the statutory Service Rules of 2012. Consequent to the subsequent order of 16.07.2024, the petitioner has already joined and has not raised any objection to such order of transfer from the Office of Block Development & Panchayats Officer, Uchana to Block Development & Panchayats Officer, Narwana District Jind.

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Since the impugned order of transfer stands superseded by a subsequent order of transfer dated 16.07.2024, which is not a subject matter of challenge in the present writ petition and the petitioner has also joined his new place of posting, hence, the instant writ petition is disposed of as having been rendered infructuous. Liberty is, however, granted to the Counsel for the petitioner to seek revival of the present writ petition in case the averments noticed herein above are found to be factually incorrect.

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(VINOD S. BHARDWAJ) APRIL 22, 2025 JUDGE Vishal Sharma

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Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

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VISHAL SHARMA 2025.04.28 13:16 I attest to the accuracy and integrity of this document

Darshan Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Darshan Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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