Punjab-Haryana High Court
Shakti Raj Singh vs The State Of Haryana And Others on 27 January, 2026
CWP No.1954 of 2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.127 CWP No.1954 of 2026
Date of Decision: 27.01.2026
Shakti Raj Singh .... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Shalender Mohan, 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 18.08.2025, Annexure P-11, whereby it has been decided to club two Group-B posts, i.e., the post of Programmer with that of Lecturer in Computer Engineering, for the purpose of Model Online Transfer Policy 2025; as also the order dated 17.12.2025, Annexure P-12, whereby it has been decided to implement the policy in the Technical Education Department.
2. Learned counsel for the petitioner contended that the petitioner was appointed as Programmer in the Department vide memo dated 06.03.2007, Annexure P-1, and is posted in Government Polytechnic, Jhajjar. It is claimed that duties of Programmer and that of Lecturer in Computer Engineering are totally different, as the former is to do digital work related to Human Resource Management System Portal and occasional teaching, whereas the latter is a teaching post. Cadre strength for Programmers in the Department is twenty-seven. A copy of the Model Online Transfer Policy 2025, notified on 23.05.2025, whereby earlier transfer policies/instructions/ 1 of 5 ::: Downloaded on - 13-02-2026 23:45:42 ::: CWP No.1954 of 2026 2 notifications have been repealed, has been furnished during the course of arguments and the same is taken on record as Annexure 'A'. He further contends that as provided in the policy, it is applicable to all employees of respective cadres working on regular basis in any Department where the sanctioned strength of posts is fifty or above. However, despite the cadre strength of Programmers in the Department being less than fifty, the policy has been made applicable by clubbing the posts to the cadre of Lecturer in Computer Engineering vide impugned memo dated 18.08.2025. This is arbitrary and illegal as these posts are in different cadres, and the duties assigned to each of them are also different. Recruitment for these posts is also pursuant to separate advertisements.
3. Per contra, learned State counsel contends that the aforementioned two posts have rightly been clubbed as these are essentially similar. She has referred to the qualifications prescribed for these posts in the Haryana Technical Education Department (Group B) Service Rules, 2019, Annexure P-2, which are the same;
(i) Bachelors and Masters of Engineering or Technology degree in Computer or Computer Science and Engineering with First Class either in Bachelors or Masters degree from a recognised university/institution; and
(ii) Hindi or Sanskrit as one of the subjects in Matric or Higher Education.
3.1. She also contends that promotion to the post of Senior Lecturer in polytechnics is made from a common gradation list of these two posts, and the fact has been admitted in para 9 of the petition. It is also an admitted fact on record that the Programmers also do teaching work, like Lecturers in Computer Engineering. Therefore, there is nothing wrong in the impugned memo clubbing the two posts keeping in view the provisions of clause 2(iv) of the transfer policy.
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4. Submissions made by learned counsel for the parties have been considered.
5. As per undisputed facts on record, qualifications for the post of Programmer and that of Lecturer in Computer Engineering are identical. For further promotion to the post of Senior Lecturer both these posts form the feeder cadre, and promotions are made on the basis of their common gradation list. The nature of duties assigned to the incumbents of these posts is also similar as, like the Lecturers, the Programmers also teach.
6. 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 3 of 5 ::: Downloaded on - 13-02-2026 23:45:43 ::: CWP No.1954 of 2026 4 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 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.
7. The impugned memo, dated 18.08.2025, has been issued under clause 2(iv) of the policy to provide a list of cadres included thereunder. Considering the similarities in the posts of Programmer and Lecturer in Computer Engineering, as mentioned herein before, it has been decided to club the two in one cadre for the purpose of transfers which makes its total strength to 184. 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 4 of 5 ::: Downloaded on - 13-02-2026 23:45:43 ::: CWP No.1954 of 2026 5 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.
8. In view thereof, there is no ground to entertain the petition, and 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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