Punjab-Haryana High Court
Pardeep Kumar Son Of Sh. Ram Kumar vs The State Of Punjab Through Its Home ... on 18 August, 2011
Author: K. Kannan
Bench: K. Kannan
CWP No.16900 of 2009 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.16900 of 2009 (O&M)
Date of Decision: 18.08.2011
Pardeep Kumar son of Sh. Ram Kumar, No.2nd-RB/383, presently posted at
IInd IRB, Ladha Kothi, Sangrur.
... Petitioner
Versus
The State of Punjab through its Home Secretary, Department of Home,
Civil Secretariat, Punjab, Chandigarh and others.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Pawan Kumar Goklaney, Advocate,
for the petitioner.
Mr. Arvind Mittal, Addl. AG, Haryana.
*****
1. Whether reporters of local papers may be allowed to see the
judgment? NO
2. To be referred to the reporters or not? NO
3. Whether the judgment should be reported in the digest? NO
K. KANNAN, J. (Oral)
1. The petitioner seeks for issuance of a mandamus to transfer the petitioner from IRB Commando Battalion as he has requisite qualification and passed the test for favourable consideration. Among other grounds, the petitioner's grievance is that the person junior to him Charanjit Singh had been transferred to the Commando Formation while he has been denied such a transfer.
2. The counsel appearing for the State points out that it was a policy decision not to transfer persons like the petitioner, who were also qualified CWP No.16900 of 2009 (O&M) [2] in certain trades such as Driver, Carpenter, Mali etc. Since the petitioner was a Driver, in terms of the policy, he could not be transferred.
3. I am of the view that the contention cannot be accepted for the only reason that junior Charanjit Singh, who like the petitioner had passed the requisite test for Commando Battalion, had been transferred although, he was also a Driver. It appears that the petitioner and Charanjit Singh had been originally ordered to be transferred to the Commando Formation but later it was cancelled. The cancellation issued for Neki Ram and Charanjit Singh on 29.07.2004 was challenged in a writ petition in CWP No.7053 of 2006. The Division Bench of this Court while upholding the challenge rejected the plea taken on behalf of the respondents that there had been a change in policy and that persons who had been serving in certain trades could not be transferred. The Bench held that such a policy cannot act retrospectively and if they were ordered to be transferred from IRB even in the year 2000, the policy that came subsequently in the year 2002, could not be applied to deny to them the right of being considered for transfer. In this case, even apart from the reasoning adopted by the Division Bench in CWP No.7053 of 2006, the transferred employee Charanjit Singh was also a Driver would only mean that the respondents cannot practice any discrimination against the petitioner and more so when Charanjit Singh was junior to him. The petitioner is entitled to a consideration for such a transfer and the respondents shall pass an appropriate order within four weeks from the date of receipt of certified copy of the order. The petitioner will also be entitled to the grant of all consequential benefits with effect from the date when the juniors to him had been transferred to the CWP No.16900 of 2009 (O&M) [3] Commando Battalion.
4. The writ petition is allowed.
( K. KANNAN )
AUGUST 18, 2011 JUDGE
Rajan