Punjab-Haryana High Court
Suman Rani vs State Of Haryana And Another on 16 September, 2022
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
CWP-21171-2022 along with connected petitions 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: 16.09.2022
1) Sr. No.115 CWP-21171-2022
Sunil Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
2) Sr. No.119 CWP-21211-2022
Sunita Malik .... Petitioner
Versus
State of Haryana and others ... Respondents
3) Sr. No.125 CWP-21239-2022
Sumitra Devi .... Petitioner
Versus
State of Haryana and others ... Respondents
4) Sr. No.127 CWP-21260-2022
Suresh Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
5) Sr. No.130 CWP-21288-2022
Shashi Bala .... Petitioner
Versus
State of Haryana and another ... Respondents
6) Sr. No.131 CWP-21290-2022
Ish Kumari .... Petitioner
Versus
State of Haryana and another ... Respondents
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7) Sr. No.133 CWP-21293-2022
Raj Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
8) Sr. No.134 CWP-21296-2022
Ashok Kumar and others .... Petitioners
Versus
State of Haryana and others ... Respondents
9) Sr. No.135 CWP-21303-2022
Ashwani Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
10) Sr. No.136 CWP-21304-2022
Vijayta Malik .... Petitioner
Versus
State of Haryana and another ... Respondents
11) Sr. No.137 CWP-21313-2022
Meenakshi and others .... Petitioners
Versus
State of Haryana and others ... Respondents
12) Sr. No.138 CWP-21316-2022
Satpal .... Petitioner
Versus
State of Haryana and others ... Respondents
13) Sr. No.139 CWP-21317-2022
Pardeep Singh and others .... Petitioners
Versus
State of Haryana and others ... Respondents
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14) Sr. No.140 CWP-21318-2022
Priyanka Sharma and others .... Petitioners
Versus
State of Haryana and another ... Respondents
15) Sr. No.141 CWP-21320-2022
Shaveta Sharma .... Petitioner
Versus
State of Haryana and others ... Respondents
16) Sr. No.142 CWP-21322-2022
Usha Kumari .... Petitioner
Versus
State of Haryana and others ... Respondents
17) Sr. No.144 CWP-21326-2022
Bina Kumari .... Petitioner
Versus
State of Haryana and another ... Respondents
18) Sr. No.145 CWP-21327-2022
Parmod Choudhary and others .... Petitioners
Versus
State of Haryana and others ... Respondents
19) Sr. No.146 CWP-21328-2022
Karamvir .... Petitioner
Versus
State of Haryana and another ... Respondents
20) Sr. No.147 CWP-21329-2022
Saroj Bala .... Petitioner
Versus
State of Haryana and another ... Respondents
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21) Sr. No.148 CWP-21330-2022
Suman Rani .... Petitioner
Versus
State of Haryana and another ... Respondents
22) Sr. No.149 CWP-21331-2022
Rajan and others .... Petitioners
Versus
State of Haryana and others ... Respondents
23) Sr. No.150 CWP-21333-2022
Mohan Lal and others .... Petitioners
Versus
State of Haryana and another ... Respondents
24) Sr. No.151 CWP-21336-2022
Sanjay Kumar .... Petitioner
Versus
State of Haryana and another ... Respondents
25) Sr. No.152 CWP-21339-2022
Suman .... Petitioner
Versus
State of Haryana and another ... Respondents
26) Sr. No.153 CWP-21341-2022
Shamsher Singh and others .... Petitioners
Versus
State of Haryana and another ... Respondents
27) Sr. No.154 CWP-21342-2022
Khushwinder Kaur .... Petitioner
Versus
State of Haryana and others ... Respondents
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28) Sr. No.155 CWP-21343-2022
Sumit Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
29) Sr. No.156 CWP-21346-2022
Sonia Kundu and another .... Petitioners
Versus
State of Haryana and others ... Respondents
30) Sr. No.157 CWP-21348-2022
Poonam Rani .... Petitioner
Versus
State of Haryana and others ... Respondents
31) Sr. No.158 CWP-21350-2022
Rakesh Malik .... Petitioner
Versus
State of Haryana and others ... Respondents
32) Sr. No.159 CWP-21352-2022
Sushma Kumari .... Petitioner
Versus
State of Haryana and others ... Respondents
33) Sr. No.160 CWP-21353-2022
Surinder Singh and others .... Petitioners
Versus
State of Haryana and others ... Respondents
34) Sr. No.161 CWP-21354-2022
Kavita and others .... Petitioners
Versus
State of Haryana and others ... Respondents
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35) Sr. No.162 CWP-21356-2022
Rakesh and others .... Petitioners
Versus
State of Haryana and others ... Respondents
36) Sr. No.164 CWP-21381-2022
Sushma .... Petitioner
Versus
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Vishal Nehra, Advocate
for the petitioner in CWP-21171-2022.
Mr. Vivek Arora, Advocate
for the petitioner in CWP-21211-2022.
Mr. Mukesh Kumar Sharma, Advocate
for the petitioner in CWP-21303-2022.
Mr. K.S.Godera, Advocate
for the petitioner in CWP-21260-2022.
Mr. Sunny Singla, Advocate
for the petitioner in CWP-21342-2022.
Mr. Kamal Mor, Advocate
for the petitioners in CWP-21293-2022, CWP-21346-2022,
CWP-21348-2022 and CWP-21350-2022.
Mr. Saurabh Dalal, Advocate
for the petitioner(s) in CWP-21328-2022 & CWP-21381-2022.
Mr. Parveen Kumar Rohilla, Advocate
for the petitioner in CWP-21320-2022.
Ms. Sushma, Advocate for
Mr. V.K.Yadav, Advocate
for the petitioner in CWP-21352-2022.
Mr. Azad Khan, Advocate,
Mr. Mazlish Khan, Advocate and
Mr. Nitin Khan, Advocate
for the petitioner in CWP-21239-2022.
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CWP-21171-2022 along with connected petitions 7
Mr. Anshul Gupta, Advocate
for the petitioners in CWP-21296-2022 and CWP-21341-2022.
Mr. Vineet Jakhar, Advocate and
Mr. Gurminder Singh, Advocate
for the petitioners in CWP-21331-2022 and CWP-21354-2022.
Mr. Sandeep Goyat, Advocate
for the petitioner(s) in CWP-21288-2022 & CWP-21290-2022.
Mr. Jasbir Mor, Advocate
for the petitioners in CWP-21313-2022 and CWP-21317-2022.
Mr. Anil Kumar Bhardwaj, Advocate,
Mr. Kuldeep Sharma, Advocate
for the petitioner in CWP-21316-2022.
Mr. V.P.Sangwan, Advocate
for the petitioners in CWP-21318-2022.
Mr. Inder Pal Goyat, Advocate
for the petitioner(s) in CWP-21304-2022 & CWP-21339-2022.
Mr. Shalender Mohan, Advocate
for the petitioner in CWP-21343-2022.
Mr. Sant Lal Barwala, Advocate
for the petitioners in CWP-21356-2022.
Mr. Pawan Kumar Mutneja, Sr. Advocate with
Mr. Brijesh Kumar, Advocate
for the petitioners in CWP-21353-2022.
Mr. Vikram Sheoran, Advocate
for the petitioners in CWP-21322-2022 and CWP21327-2022.
Mr. Sanchit Punia, Advocate
for the petitioner(s) in CWP-21329-2022 & CWP-21336-2022.
Mr. Tejpal Dhull, Advocate
for the petitioners in CWP-21326-2022, CWP-21330-2022 and
CWP-21333-2022.
***
HARSIMRAN SINGH SETHI, J. (ORAL)
By this common order, all the petitions, the details of which have been mentioned in the heading, are being disposed of as all of them involve similar question of law.
7 of 10 ::: Downloaded on - 17-09-2022 09:47:41 ::: CWP-21171-2022 along with connected petitions 8 In the present bunch of petitions, the petitioners are challenging their transfer orders on several grounds which are enumerated as under.
The first ground as submitted by the learned counsel for the petitioner(s) is that the orders of transfers have been passed without going into the factual aspect that certain teachers who though have not completed the minimum tenure at the present place of posting, still they have been transferred, which transfer is contrary to the directions issued by a Coordinate Bench of this Court in CWP No.15108 of 2021 on 24.08.2021, titled as Vikram Singh and others versus State of Haryana and others.
The second ground raised is that certain teachers have been declared surplus even prior to their completion of minimum tenure at the present place of posting so as to transfer them to far off stations without ascertaining the fact that sufficient number of students exists at their present place of posting, hence, declaring of the petitioner(s) as surplus by the respondents is totally arbitrary and illegal so as to effect their transfers.
Third ground raised with respect to certain petitioner(s) is that the stations preferred by them are still lying vacant and are now being treated "kept vacant" by the respondents, however, at the time of seeking options, the said stations were open to be opted for, hence, the transfer of petitioner(s) to a station which was not preferred by them by not considering their claim for the opted station is totally arbitrary and illegal.
Fourth ground raised is that without looking into the family aspects of the petitioner(s), they have been given posting at far off places, which is causing prejudice to the petitioner(s) keeping in view the fact that the petitioner(s) are being paid a fixed salary and it will be difficult for them to survive at the transferred place of posting.
8 of 10 ::: Downloaded on - 17-09-2022 09:47:41 ::: CWP-21171-2022 along with connected petitions 9 Fifth ground as raised is that the petitioner(s) were transferred on 28.08.2022, 12.09.2022 and 13.09.2022 and within a very short span of period several of them have been again transferred and that too without any valid reason, which is causing prejudice to the petitioner(s).
Sixth ground as raised is that the stations which were opted by some of the petitioner(s), have been given to the candidates who were having lesser merit than the petitioner(s), which is contrary to the provisions of transfer policy.
Lastly the contention raised by learned counsel for the petitioner(s) is that in case of certain petitioner(s), the station which was offered to them, was not allotted on the ground of non availability of the post at the opted station but the same has been given to another candidate subsequent to their transfer, which act of the respondents as submitted is arbitrary and illegal.
Notice of motion.
Mr. Harish Nain, Assistant Advocate General, Haryana accepts notice on behalf of the respondents and submits that the reasons for challenging the transfers being forwarded by the petitioner(s) are specific to them and in case, the petitioner(s) have already raised their grievances by filing of appropriate representation(s) or any representation is filed by the petitioner(s) upto Monday i.e.19.09.2022, the same shall be looked into by the competent authority within a period of 10 days from today by passing an appropriate speaking order.
Learned State counsel further submits that in case, the petitioner(s) have not been relieved till today from the present place of posting then they will be allowed to continue at the present place of posting 9 of 10 ::: Downloaded on - 17-09-2022 09:47:41 ::: CWP-21171-2022 along with connected petitions 10 till the decision of the said representation(s) in case, the same are filed and in case, the petitioner(s) have already been relieved from the present place of posting, they will not be forced to join at the new place of posting till the decision of the said representation(s).
Learned counsel for the petitioner(s) submit that keeping in view the statement of the learned State counsel, the present petitions may kindly be disposed of as having been not pressed any further with liberty to the petitioner(s), who are yet to file the representation, to approach the respondents by filing appropriate representation(s) raising their grievance as raised in the present petitions.
Ordered accordingly.
A photocopy of this order be placed on the connected files.
(HARSIMRAN SINGH SETHI)
JUDGE
16.09.2022
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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