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Punjab-Haryana High Court

Reema Singal vs State Of Punjab And Others on 7 November, 2019

Author: Arun Monga

Bench: Arun Monga

CWP No.32374 of 2019 (O&M)                                  1

                                 Sr. No.135

         IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH
                             CWP No.32374 of 2019 (O&M)
                              Date of Decision: 07.11.2019

Reema Singal
                                                            ... Petitioner
                                Versus

State of Punjab and others

                                                         ... Respondents

CORAM:- HON'BLE MR. JUSTICE ARUN MONGA

Present:- Mr. Peeush Gagneja, Advocate,
          for the petitioner.

           Mr. Mehardeep Singh, Additional A.G., Punjab.

ARUN MONGA, J.(ORAL)

Petitioner herein seeks quashing of an order dated 01.11.2019 (Annexure P-2), vide which she has been transferred from Sri Muktsar Sahib to Bathinda.

2. Petitioner claims to be physically disabled person with locomotor disability to the extent of 60%, and diagnosis in her case is Post Polio Residual Paralysis (PPRP).

3. Learned counsel for the petitioner submits that petitioner is orthopedically handicapped and requires special consideration on humanitarian grounds and yet disregard thereof, she has been transferred to Bathinda.

4. Petitioner submitted a representation dated 03.11.2019 (Annexure P-4), but the same has not been adverted by the respondents. Hence, the writ petition.

5. Notice of motion.

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6. On advance service of the petition, Mr. Mehardeep Singh, Additional A.G., Punjab appears and accepts notice on behalf of the State.

7. Given the nature of order being passed, there is no necessity to seek return by the respondents as no further proceedings and/or pleadings are required.

8. Without commenting on the merits of the case, the writ petition is disposed of with a direction to the respondents to objectively consider the representation dated 03.11.2019 (Annexure P-4) and also by keeping in view the contentions stated in the present writ petition by treating it as a supplementary representation and pass a speaking order sympathetically, in accordance with law.

9. Until the passing of fresh order as aforesaid, the impugned transfer order dated 01.11.2019 (Annexure P-2) shall remain stayed qua the petitioner.

10. Let the needful be done within a period of 30 days from the date of receipt of a certified copy of this order.

11. Disposed of in above terms.



                                             (ARUN MONGA)
07.11.2019                                        JUDGE
vandana

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




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