CWP NOS.2331 & 2449 OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 29.5.2009 1.CWP NO.2331 of 2009 Dr.Neerja Jindal ...Petitioner VERSUS The State of Punjab & Others …Respondents 2.CWP NO.2449 of 2009 Dr.Bir Singh ...Petitioner VERSUS The State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.BR Gupta, Sr.Advocate with Mr.Shireesh Gupta, Advocate for petitioner in CWP No.2331 of 2009 Mr.Anmol Rattan Sidhu, Sr.Advocate with Mr.Nandlal Jindal, Advocate for petitioner in CWP No.2449 of 2009 Mr.BS Chahal, DAG, Punjab Permod Kohli, J. (Oral) The petitioners have challenged their respective transfers. In CWP CWP NOS.2331 & 2449 OF 2009 2 No.2331 of 2009, it is submitted that husband of the petitioner was suffering from Cancer and on that count, the petitioner requested for re-consideration of the transfer. The petitioner in CWP No.2449/2009 is due to retire on 31.8.2009 and on that count, he has challenged his transfer at this juncture, in view of the Government instructions/transfer policy. Vide order dated 16.2.2009, Counsel for the State was asked to seek instructions regarding re-consideration of petitioners' transfers in view of his impending retirement in about six months. On 18.2.2009, Ms.Charu Tuli reported this Court that she has discussed the matter with the concerned Secretary and the petitioners may make representation(s) to the concerned Secretary and such representation will be considered sympathetically. Accordingly, the petitioners made representation to the concerned Secretary. Despite various opportunities right from 18.2.2009, the representations have not been decided. Today Mr.Chahal has placed on record copy of letter dated 29.5.2009 received from the Director, Research and Medical Education, Punjab addressed to the Advocate General, Punjab,Chandigarh, expressing inability to decide the representations on account of frequent transfer of the concerned Secretary of the Department. One of the grounds mentioned is the Parliamentary Elections. Even Parliamentary Elections are over. But till date, concerned Secretary has not taken any decision. In view of the above circumstances, the interim order dated 13.2.2009 passed in CWP No.2331 of 2009 shall continue till the disposal of the writ petition. Petitioner in CWP No.2449 of 2009 has joined at the place of transfer pending consideration of the representation. It is directed that the petitioner in CWP No.2449/2009 shall be re-transferred to Patiala at the CWP NOS.2331 & 2449 OF 2009 3 place of his earlier posting within four weeks from today. Since the petitioner in CWP No.2449/2009 is likely to retire on 31.8.2009, and has been ordered to continue at his earlier posting at Patiala, this petition is allowed and impugned order of his transfer quashed. In CWP No.2331 of 2009, respondents may file their reply. Parties to appear before Registrar Judicial-I for completion of pleadings on 3.8.2009. Copy of this order be placed on each file. Copy of this order be given dasti under the signature of Court Secretary. (PERMOD KOHLI) JUDGE 29.5.2009 MFK