CWP No.621 of 2007 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.621 of 2007 Date of decision: 15.9.2008 Ravinderjit Singh ...Petitioner Versus State of Punjab and others ...Respondent CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. A.P.S. Shergill, Advocate, for the petitioner. Ms. Charu Tuli, Senior DAG, Punjab for the respondents. Rajan Gupta, J. This petition has been preferred by the petitioner Ravinderjit Singh, a Patwari working with the Revenue Department of Punjab, seeking quashing of transfer orders Annexures P-4 and P-5 dated 4.12.2006 and 15.12.2006 respectively, whereby he has been transferred from S.A.S. Nagar to Manakpur Kalhar in District Ropar. The petitioner averred that he and his wife both are government employees, residing in newly created District S.A.S. Nagar. He is working as Patwari and his wife is a teacher in the Education Department. Consequent upon the creation of new District S.A.S. Nagar, the employees working in the Revenue Department were given option to be posted in the new District and his name figured at Serial No.73 of the letter circulated in this regard by Deputy Commissioner, CWP No.621 of 2007 2 Roop Nagar, vide Annexure P-1. It has also been averred that employees who did not exercise the option to be posted at S.A.S. Nagar, were presumed to be willing to remain posted in District Roop Nagar only. In fact, 95 Patwaris were to be transferred to District S.A.S. Nagar to be posted in Tehsils of Mohali and Kharar. However, only 90 options were received. Thus, numbers of vacancies were higher than the staff available. Thereafter, the Deputy Commissioner, Roop Nagar informed the Commissioner Patiala Circle that the Deputy Commissioner shall have no objection to the posting of revenue officials (Kanungos and Patwaris), who exercised option to work in the newly created District S.A.S. Nagar. The petitioner has placed reliance on a letter dated 28th April, 2006 (Annexure P-2), addressed by Deputy Commissioner Roop Nagar to the Commissioner Patiala Circle to show that his name was at Serial No.66 in the No Objection granted by the Deputy Commissioner. However, an order dated 4th December, 2006 (Annexure P-4) was issued by the Deputy Commissioner, S.A.S. Nagar whereby the petitioner was transferred from the said District to District Roop Nagar, despite the fact that he had exercised his option for S.A.S. Nagar. Pursuant to the said order, order dated 15th December, 2006 (Annexure P-5) was passed whereby the petitioner was relieved from his duties in S.A.S. Nagar and asked to report at Manakpur Kalhar in District Roop Nagar. The petitioner has impugned both these orders Annexures P-4 and P-5 in the present writ petition. Reply has been filed on behalf of respondents No.1 to 5, CWP No.621 of 2007 3 wherein it has been averred that the petitioner was relieved after formation of new District S.A.S. Nagar. An order dated 21st August, 2006 was passed by the Financial Commissioner, Revenue, Punjab allocating the Kanungos/Patwaris of District Roop Nagar and Patiala to District S.A.S. Nagar. On the basis of the said order dated 21st August, 2006, Deputy Commissioner S.A.S. Nagar issued an order dated 28th August, 2006 bearing Endorsement No.971-986 dated 29th August, 2006 to the Sub Divisional Magistrates of Dera Basi, S.A.S. Nagar and Kharar with the request that employees, who have not been allocated to District S.A.S. Nagar, may be relieved immediately and asked to join their parent District. Pursuant to this order, the petitioner was required to be relieved from District S.A.S. Nagar and join his parent District i.e. Roop Nagar. However, instead of complying with this order, the petitioner proceeded on leave and did not join at District Roop Nagar till December, 2006. Resultantly, Tehsildar S.A.S. Nagar was directed to relieve the petitioner from his place of posting on 4th December, 2006 to join in District Roop Nagar. In view of this, orders Annexures P-4 and P-5 were passed. The respondents have categorically denied that the petitioner was transferred or allocated to newly formed District S.A.S. Nagar. We have heard learned counsel for the parties and perused the record. From the stand taken by the respondents in the reply, it is amply clear that the petitioner evaded joining his place of posting for a CWP No.621 of 2007 4 considerable period till a direction was issued to the Tehsildar, S.A.S. Nagar to relieve him from his place of posting. The petitioner being a Government servant is required to serve anywhere in the State and cannot choose his place of posting. After the order dated 28th August, 2006, passed by Deputy Commissioner, S.A.S. Nagar, the petitioner was supposed to report at his new place of posting i.e. Manakpur Kalhar in District Roop Nagar. However, since the petitioner did not comply with this order and proceeded on leave, he had to be relieved on 15th December, 2006 from S.A.S. Nagar. The petitioner has not been able to show infringement of any legal right to claim that his posting in District Roop Nagar is bad in law. We, thus, find no ground to interfere in the impugned orders Annexures P-4 and P-5. The writ petition is thus dismissed with no order as to costs. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE September 15, 2008 'rajpal'