CIVIL WRIT PETITION NO.11904 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: OCTOBER 29, 2009 Const. Ram Mehar and others .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. S. N. Yadav, Advocate, for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. 22 petitioners working in Tele-communication Wing of the Haryana Police have filed this writ petition for quashing the order whereby they have been directed to proceed for duty to Jammu with their Battalion. The petitioners would term this order to be transfer beyond their cadre, which would be against Rule 12.1 (4) of the Police Rules (as applicable to Haryana). Having been appointed in the tele-communication Department, the petitioners were directed to report at Police CIVIL WRIT PETITION NO.11904 OF 2009 :{ 2 }: Complex, Bhondsi, Gurgaon. An order was passed to relieve them from parent cadre to report at Bhondsi. Once they had completed 15 days training, they have been directed to proceed for onward duty to Jammu with their Battalion. Claiming that they belong to a separate cadre, which is tele-communication Department, the petitioners have impugned their attachment with I.R.B., which is a pera-military force deputed to perform duties in Jammu and hence, they have impugned the said order. The petitioners would also make reference to some earlier order passed in Civil Writ Petition No.1029 of 2000 (SI Bhoop singh Vs. State of Haryana), where the Constables were transferred from one range to another, which was found to be against the Rules. The State, however, would join serious issue on the stand taken by the petitioners. Respondents would point out that the petitioners have been detailed at Jammu to perform their tele- communication duties with their Unit, a call in the interest of Nation, which is permissible as per the Rules. It is disclosed that employees of Haryana Police Tele-communication are being deputed with general police and other Units for providing uninterrupted communication as and when required. They are not required to perform any patrolling or arduous duties like the general police. It is also stated that Tele-communication cadre is not a district-wise cadre but one cadre in the State and accordingly, the persons like the petitioners would be bound to perform their duties as per the necessities that may arise. Reference in this regard is made to Rule 1.5 of the Punjab Police Rules, 1934. It is stated that every police officer shall be liable to serve at any place whether within or outside CIVIL WRIT PETITION NO.11904 OF 2009 :{ 3 }: the State of Haryana and in any organization under the Central Government on being ordered to do so by the appointing authority. The respondents would also say that the case of the petitioners is different from those relied upon in the writ petition as they have not been transferred from tele-communication cadre to I.R.B permanently but have just been deputed to perform their duties, which is their obligation as per the requirement of law. It is categorically stated that they have not been transferred permanently and have only been deputed to provide uninterrupted communication to I.R.B. Battalion for their safety and security. They have been sent to Jammu for performing duties and upon return, the petitioners will also return to the Tele-communication Department. In view of the pleadings as noticed above and the stand taken by the respondents in the reply, it is seen that the petitioners are primarily shirking to perform their duties for which they have been enrolled. A simple direction to provide tele-communication cover to a battalion detailed for performing duties at Jammu has been given a colour of change of cadre to file this writ petition. The State has justifiably pointed out that tele-communication cadre is one cadre in the State and merely on being deputed to perform duty with I.R.B Battalion would not mean that they have been transferred to the said force. It is stated in the reply that the petitioners have just been detailed to perform duties with the battalion. This duty is a call in the interest of Nation and the Rules would permit such a detailment. This can not be construed as transfer, as is being misconceivedly made out. The judgment relied upon by learned counsel for the petitioners in the case of Bali Ram and others Vs. State of Haryana and CIVIL WRIT PETITION NO.11904 OF 2009 :{ 4 }: others, 2003 (3) RSJ 226 is entirely different and has no applicability in the present case. There is no merit in the writ petition and the same is accordingly dismissed. October 29, 2009 ( RANJIT SINGH ) khurmi JUDGE