IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7259 of 2007 DATE OF DECISION : 02.09.2009 Rajesh Kumar ... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Ms. Anu Chatrath Kapur, Advocate, for the petitioner. Mr. J.S. Puri, Addl. A.G., Punjab, for respondents No.1 to 3. Mr. Arun Kaundal, Advocate, for respondent No.4. Mr. Harbhajan Singh Sran, Advocate, for respondent No.5. * * * SATISH KUMAR MITTAL , J. The petitioner is working as Junior Assistant in Nagar Panchayat, Ajnala, District Amritsar. He has filed the instant petition against the office order dated 13.4.2007, passed by the Executive Officer, Nagar Panchayat, Ajnala, whereby the petitioner has been transferred from the office of Executive Officer and has been posted at Bus Adda for collecting the Bus Adda fee. Along with the petitioner, one Nishan Singh, Junior Assistant, Harjinder Singh, Clerk and Harish Kumar, Peon have also CWP No. 7259 of 2007 -2- been transferred and posted at Bus Adda. It is the case of the petitioner that his aforesaid transfer has been made at the behest of respondent No.5, against whom he had pointed out certain irregularities committed by him. It is further case of the petitioner that earlier, only the Peons were being posted at Bus Adda to collect the Bus Adda fee from the buses coming out of the Bus Adda and subsequently, a contractor was appointed to collect the Bus Adda fee. Therefore, without there being any necessity, the petitioner and other officials have been posted at Bus Adda to collect the Bus Adda fee. In view of these facts, the petitioner prayed for quashing the impugned order of his posting at Bus Adda being illegal, arbitrary and against the status of the post held by him. In the written statement, filed on behalf of the respondents, the incorrect and irresponsible allegations levelled by the petitioner against respondent No.5 have been denied. In the written statement, filed on behalf of the Executive Officer, Nagar Panchayat, Ajnala (respondent No.4 herein), it has been stated that the petitioner along with Shri Nishan Singh, Junior Assistant, Shri Harjinder Singh, Clerk and Shri Harish Kumar, Sewadar, have been posted at Bus Adda, Ajnala for collection of Bus Adda fee, by keeping in view the requirement of job. It is stated that the petitioner has to get same salary and status, which he enjoys in the office of Nagar Panchayat. It is further submitted that it is prerogative of the employer to see how the services of an employee are to be utilized in best administrative exigencies. It has been specifically denied that the petitioner was posted at CWP No. 7259 of 2007 -3- Bus Adda at the behest of any person or with a malafide and bad intention. During the course of arguments, it has been stated that the other three officials, who were posted along with the petitioner, are working at the place of their posting, without any grouse being raised by them. I have heard learned counsel for the parties. Learned counsel for the petitioner, while referring to the letters dated 18.4.1991 (Annexure P-4) and 26.10.1994 (Annexure P-5), issued by the Government of Punjab, Department of Personnel, to all Heads of Departments, has argued that Clerks, Senior Clerks and Junior Assistants are only to be posted at Branch offices, therefore, posting of the petitioner being Junior Assistant at Bus Adda is contrary to those instructions. I have gone through both these letters, wherein it is no where provided that the Clerks, Senior Clerks and Junior Assistants have to be posted at Branch offices. The only thing, which has been mentioned in these letters is that the Senior Clerks and Junior Assistants should be given the work of higher responsibilities, so that they may be able to know the policy related works, whereas the Clerks should be given general duties of dispatch, diary, record keeping and record distributing etc. In my view, the collection of Bus Adda fee us a work of higher responsibility, which cannot be assigned to a Peon. Supervision of a senior official in collection of Bus Adda fee is required. The contention of the petitioner that earlier, this work was being done by the Peons, therefore, only the Peons should be assigned the said duty, cannot be accepted. In view of the increase of work, the officials of higher responsibility are to be posted for supervision of the said work. It has been CWP No. 7259 of 2007 -4- held by the Hon'ble Supreme Court in State of Punjab and others Versus Joginder Singh Dutt, AIR 1993 S.C. 2486 that it is entirely for the employer to decide when, where and at what point of time a public servant is to be transferred from his present posting. Ordinarily the courts have no jurisdiction to interfere with the order of transfer and posting. Thus, I am of the opinion that transfer/posting of the petitioner at Bus Adda is legal and the same has been made by taking into consideration the administrative exigencies. The petitioner is not only discharging his duties as Junior Assistant, but he is also getting the pay of the post of Junior Assistant. He has no legal right to work at a particular place or a place of his choice. It is the prerogative of the employee to post an employee at a place in view of the administrative exigencies. The wild allegations levelled by the petitioner in the petition against respondent No.5 have been denied by respondent No.5 in his written statement and the same appear to have been made by the petitioner, irresponsibly without any basis. There is no material on the record on the basis of which it can be presumed that the impugned transfer/ posting order of the petitioner has been made because of any malafide or biasness. In view of the above, I do not find any ground to interfere in the impugned order, in exercise of the equitable and discretionary writ jurisdiction of this Court. Dismissed. September 02, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE