Punjab-Haryana High Court
Surinder Kumar Sharma vs State Of Haryana And Another on 27 January, 2026
CWP No.1933 of 2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.126 CWP No.1933 of 2026
Date of Decision: 27.01.2026
Surinder Kumar Sharma .... Petitioner
Versus
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Ms. Shruti Jain Goyal, Advocate, and
Ms. Sheena Dahiya, Advocate, for the petitioner.
Ms. Tanushree Gupta, Senior Deputy Advocate General,
Haryana.
TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 09.01.2026, Annexure P-6, whereby petitioner's objection to inclusion under the online transfer drive initiated vide letter dated 14.11.2025, Annexure P-4, has been rejected.
2. Learned counsel for the petitioner contended that the petitioner was duly appointed as Commercial Garment Designing & Making Instructor in the Vocational Education Instructor (VEI) cadre under 'Vocational Education Scheme' in the Department of Skill Development & Vocational Education in 1997. The scheme was discontinued; however, his services were transferred to the Industrial Training Department, vide office order dated 26.10.2017, Annexure P-1. In terms therewith, all the staff transferred from VEI cadre were to continue in the Department as a separate cadre, distinct from cadres of Industrial Training Department even in case of 1 of 5 ::: Downloaded on - 13-02-2026 23:45:28 ::: CWP No.1933 of 2026 2 similar subjects/duties. After transfer to the Industrial Training Department, the petitioner was designated as Cutting & Sewing/Embroidery/Dress Making Instructor. The Government issued a Model Online Transfer Policy vide notification dated 23.05.2025, Annexure P-2, which has been made applicable to a cadre where strength of sanctioned posts is less than fifty. However, the Department vide memo dated 20.08.2025, Annexure P-3, notified the VEI cadre to be included under the transfer drive by clubbing it with the regular/ITI cadre of Dress Making Instructor. 2.1. She further contended that as per terms and conditions of the order dated 26.10.2017 itself, the petitioner belongs to a separate VEI cadre having strength of four to six posts, and in any case less than ten. Accordingly, they could not have been made to participate in the online transfer drive and the impugned notification is in violation of law. Two separate cadres cannot be clubbed, and the exercise is vitiated. She also submits that by way of inclusion in the transfer drive, the petitioner will now be transferred against the post of ITI cadre though he belongs to VEI cadre which is also impermissible in law.
3. Learned State counsel contends that after his transfer to the Department, the petitioner was re-designated as Dress Making Instructor. This cadre has been included under the Model Online Transfer Policy vide memo dated 20.08.2025 issued under clause 2(iv), and the Department is within its rights to do so. The total sanctioned strength under this cadre is twenty-one and, therefore, the policy becomes applicable. Transfer is an incidence of service, and the petitioner has no right to challenge his inclusion in the drive.
4. Submissions made by learned counsel for the parties have been considered.
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5. No doubt, under clause 2(i), the policy has been made applicable to the employees working on regular basis in a cadre where sanctioned strength of a post is fifty or above. Clause 2(ii) further provides that the policy can also be made applicable to a cadre where strength of sanctioned posts is less than fifty, if deemed fit. Clause 2(iv) provides that the policy shall be applicable to all the departments initially and within fifteen days of notification, each department shall publish a list of cadres covered under this policy along with "Prescribed Tenure", "Minimum tenure" and "Unit" for each cadre as decided by the competent authority. Further, under clause 3(ii), cadre means as defined under the Haryana Civil Services (General) Rules, 2017; however, it provides that for the purpose of transfers under the policy, the posts where nature of work is related to teaching/practical training, the cadre will be as defined by the competent authority. These clauses are reproduced hereunder for reference:
2. Application
(i) This Policy will be applicable to all employees of respective cadres working on regular basis under any Department where the sanctioned cadre strength of a post is 50 or above, except All India Services, Haryana Civil Services (Executive Branch) & Allied Services or where any such cadre has been excluded from the purview of this policy with the prior concurrence of Human Resource Department.
(ii) The Online Transfer Policy may also be made applicable for a cadre where the strength of sanctioned post is less than 50, if the competent authority deems fit.
(iii) xxx
(iv) On notification, this policy shall be applicable to all the departments initially, within 15 days of notification, each department shall publish the list of cadres that are covered under this policy along with the "Prescribed Tenure", "Minimum tenure" and "Unit" for each cadre as 3 of 5 ::: Downloaded on - 13-02-2026 23:45:29 ::: CWP No.1933 of 2026 4 decided by the competent authority. Thereafter, this list alongwith aforementioned variables may be revised by the competent authority from time to time, as per administrative requirements, after approval from Human Resource Department (HRD) only. For each cadre, the detail as mentioned herein, as decided by competent authority, shall be read as part of this Model Online Transfer Policy for that cadre.
3. Definitions In this policy, unless there be anything repugnant in the subject or context;
(i) xxx xxx
(ii) 'Cadre' means as defined under Haryana Civil Services (General) Rules, 2016. Provided, for the purpose of transfers under this policy, the posts wherein nature of work is related to teaching/practical training, the cadre will be as such defined by the competent authority.
6. The memo, dated 20.08.2025, has been issued under clause 2(iv) of the policy to provide a list of cadres included thereunder. The petitioner undisputedly holds the post of Dress Making Instructor, though in a separate diminishing cadre-VEI, and performs the same teaching work as is being done by the Instructors in regular/ITI cadre in the Department. Considering these similarities, it has been decided to club the posts in one cadre for the purpose of transfers, which makes its total strength to twenty- one. No exception can be taken to it as the Department is competent to do so for the purpose of transfers under the policy. As provided under clause 3(ii), it can define a cadre by joining the posts where the work relates to teaching/practical training, like the posts in question. Further, there is no adverse consequence for the petitioner on account of his post having been included in the transfer drive so far as service benefits admissible to him as a 4 of 5 ::: Downloaded on - 13-02-2026 23:45:29 ::: CWP No.1933 of 2026 5 member of the VEI cadre in terms of office order dated 26.10.2017 are concerned.
7. Accordingly, finding no ground to entertain the petition, it stands dismissed in limine.
(TRIBHUVAN DAHIYA)
JUDGE
27.01.2026
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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