CWP No.17973 of 2009 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17973 of 2009 Date of decision: 25.05.2011 Rupinder Singh Goraya .. Petitioner Versus The State of Punjab and others .. Respondents CORAM: HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr.T.S. Dhindsa, Advocate, for the petitioner. Mr.B.S. Chahal, DAG, Punjab, for respondent No.1. **** PERMOD KOHLI J. (ORAL) The petitioner was working as a Principal at Industrial Training Institute, Batala. He was transferred from Batala to Industrial Training Institute, Talwara vide order dated 06.10.2009 (Annexure P-2/T) and respondent No.3 who was a Group Instructor was transferred from Industrial Training Institute, Talwara to Industrial Training Institute, Tanda vide same order. It is relevant to note that the transfer at Tanda was against the vacant post of Headmaster. It is stated that pursuant to the aforesaid order of transfer, the petitioner joined at the place of his posting on 13.10.2009. While the petitioner was working at Talwara, the impugned order dated 17.11.2009 came to be issued whereby the transfer order dated 06.10.2009 was cancelled qua the petitioner and respondent No.3. As a consequence of that order, the petitioner was CWP No.17973 of 2009 ::2:: again required to join at Batala and respondent No.3 at Talwara. This order is subject-matter of challenge in the present petition. The transfer of respondent No.3 at the place of the petitioner has been challenged by the petitioner on variety of grounds. It is alleged that respondent No.3 is holding the post of Group Instructor which is only two steps below the post of Principal. It is further the case of the petitioner that respondent No.3 was involved in a vigilance case and was placed under suspension though reinstated because of his close proximity with the Minister in charge of the Department of Technical Education and Industrial Training, Punjab. Vide order dated 25.11.2009 when the notice of motion was issued, the impugned order was kept in abeyance. Pursuant to the above interim order, the petitioner is continuing at Talwara. Today, I have been informed that respondent No.3 is due to retire by the end of October, 2011. This petition is pending for the last almost two years. In view of the pending retirement of respondent No.3, the impugned order is hereby set aside and the petitioner is allowed to continue at the present place of his posting. However, on completion of the required term, the respondents shall be at liberty to transfer the petitioner at any other appropriate place in accordance with law. This petition is accordingly disposed of with above directions. (PERMOD KOHLI) May 25, 2011 JUDGE Sukhpreet