Punjab-Haryana High Court
Jeet Singh Khurana And Ors. vs The State Of Haryana And Ors. on 10 November, 1995
Equivalent citations: (1996)112PLR301
Author: Ashok Bhan
Bench: Ashok Bhan
ORDER Ashok Bhan, J.
1. This order of mine shall dispose of the main writ petition No. 13033 of 1991 as well as C.M. No. 9912 of 1995 filed by the State of Haryana for vacating the ex-parte stay order granted by this Court at the time of motion hearing.
2. Counsel for the parties are agreed that the main writ petition be disposed of along with the Civil Misc. application.
3. Petitioner aggrieved against his order of transfer Annexure P9 from Municipal Committee, Karnal to Municipal Committee, Cheeka, challenged the same by filing the writ petition on the ground that his transfer had been effected by the Director, Local Bodies, Haryana, who had no jurisdiction to transfer the petitioner from one Municipal Committee to another Municipal Committee out of district. The other prayer made in the writ petition is for issuance of direction to the respondents to fix the seniority of the petitioner in accordance with the rules and further directing them to promote the petitioner on the next higher post.
4. State of Haryana filed C.M. No. 9912 of 1995 seeking vacation of the ex parte stay order granted by this Court at the time of motion hearing and for disposal of the writ petition. It has been argued by the counsel for the State of Haryana that Director, Local Bodies, Haryana who is Head of the Department had the competency to transfer the employees of one Municipal Committee from one district to a Municipal Committee of another district. In support of this argument, reliance has been placed upon a Division Bench judgment of this Court in Mool Chand Chhabra v. State of Haryana and Ors., C.W.P. No. 11103 of 1993 decided on January 25,1994, [reported as (1994-1) 106 P.L.R. 515 - Editor]. I have perused the judgment in Mool Chand Chhabra's case (supra) and find substance in the submission made by the counsel for the respondent-State. It has been held in this case that the Director, Local Bodies Haryana, had the jurisdiction to transfer employees of one Municipal Committee from one District to a Municipal Committee of another district. It was further observed that the transfers would not effect, the seniority of the employees in their parent districts.
5. So far as the other plea for determination of seniority is concerned, it has been admitted that representation of the petitioner Annexure P8 dated 7.9.1990 is pending with the respondents. A direction is issued to the respondents to decide the representation Annexure P8 filed by the petitioner for fixation of seniority within three months of the production/receipt of a certified copy of this order. This writ petition is dismissed subject to the observations made regarding decision of the representation filed by the petitioner. No costs.