405 r e 4t INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP N022364of2010 Dateof decision 251201 1 RNerma etitioner Versus State of Haryana and others 1espondents r CORAM HONBLE MRJUSTICE PERMOD KOHLI 0 0 Present Petitioner in person I C5 PERMOD KOHLIJ The petitioner is aggrieved of order dated 1102010 4nnexure Z P21 wherebyhe was transferredfrom Store 8 Purchase Branch and 2 postedas DeputyRegistrarEstate Office lewly He I has been assignedthe duties of makingphysicalverification of nonm Z recurring and accessories prepare inventory f10 and maintain record in form He has been given 7 additional chargeof Sale and Publication Cell in addition to his Z duties The petitioneris servingasa DeputyRegistrarin respondent NoUniversity As a matter of fact before the establishment of 1 NoJniversity the State had established ee Collegeand petitioner was one of the employees of the said College The Collegewas taken over bythe Act of HaryanaGovernment and conveited into a Universitynamely Deen Bandhu Chhotu Ram of Science 8 Technology The existingstaff of the University was also postedin the newlycreated University a body 1 corporateAt the time of itstake over the petitioner was working as 1 Radhika 2014.06.06 12: 42 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 406 CWP N022364 of2010 2 r DeputyRegistrarunder notolan Even after take over he continued on the same pos Respondent No 5 was also one of the employees of the Collegeand became employeeof the University with the vestingof the Collegein the UniversityIt IS stated that when the petitioner joined No 5 was working under him as a Deputy and Iaterhe was promoted as l and DeputyRegistrar The petitioner was initially 0 postedas DeputyRegistrar He was transferred and 0 I postedas DeputyRegistrarin the Store and General Branch of C5 in the year 200809 The workingof Store 8 Purchase I branch was earlier beinghandled by respondent No Vide the Z transfer order dated 1 10201 0 the petitioner has been CL transferredfrom the Store 8 Purchase Branch and postedas Deputy I Office with additional charge as referred to Z hereinabove It seems that the petitioner was unhappywith the new m postingAfter making a againsthis transfer he filed a writ petitionCWP No18476 of 2010 This writ petition was disposed Z of by this Couit vide order dated 11 102010 with a direction to No2 to take a decision on his No2 1e Registrarhas passedthe order dated 101 1201 0 on consideration of the of the petitioner eee and rejected the same vide Annexure PA impugned herein The sole contention of the petitioner in the presentpetition IS that a new postof DeputyRegistrarEstate OHicelhas been created bythe Registrarof the Universitywho is to create such Radhika 2014.06.06 12: 42 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 407 1 V CWP N022364 of2010 3 r a postin the UniversityAccordingto the petitionerit is onlythe ExecutiveCouncil of the University which is the competentauthority under the Statutes to create Administrative Ministerial and other postsand to make thereto He has referredto Statute 12 framed bythe University in exercise of power under Section 20 of Deen Bandhu Chhotu Ram University of Science and Technology 11 MutthalAct 2006 0 have carefullyexamined the statutes and heard the 0 in person 0 The contentionof the is totally and based uponerroneous of the statutoryprovisions referredto Z byhim From the order of transfer it appears that the petitioner has 0 onlybeen transferred and postedas Deputy OHicel I newly It is soughtto be arguedthat the expression Z used newlyconstituted indicates creation of new postof Deputy However it seems that it is newlyconstituted 7 Ill the University and not a separatepost It is not the case of the Z 3 that the cadre strength of DeputyRegistrarin the University Qm has beenenhanced or any additionalpost of DeputyRegistrarhas been created in the UniversityIn the impugnedorder Annexure P 4 the Registrarhas clarified and indicated circumstances where underthe petitioner has been transferred The Estate OHice is a 4e new branch created in view of the expansionof the University and the petitioner has been transferred to head the branch alongwith additionalduties of Sale and Publication Cell of the University IS petitioners own admission that initiallyhe was DeputyRegistrar Thereafter he was transferredas DeputyRegistrar Radhika 2014.06.06 12: 42 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 1 CWP N022364 of2010 4 r Store 8 Purchase Branch and now as a Deputy Officelwith additionalchargeof Sale and Publication Cell One fails to understand the grievanceof the petitionerwho appearedin personand arguedhis petitiot He was specificailyasked whether his status and emolumentshave been in any manner he had no answer Transfer from one placeto another and from 1 C one postto another is an exigencyof service No employee has any 0 vested rightto remalll postedon a particularpost or at a particular 0 I place It is of the employerto transfer an employee t5 from one placeto another and from one post to another in the I interest of administration and the petitionerstransfer falls in this Z categoryFrom the transfer order of the petitionerit also appears r that the transfer of the petitioner has been approvedby the Vice I Chancellor of the UniversityUnder Section 1051of the Haryana C3 Z Act in the Universitythe Vice Chancellor is the m principalexecutive and academic officer of the UniversityTransfer 7 falls withinhis executive powers Z do not find any valid reason for the petitioner to have invoked r thewrit of this Court No merit Dismissed 9 April252011 Permod Kohlil 4 KD Judge Ir i9 1 5 1 W Radhika 2014.06.06 12: 42 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document