CWP No. 11693 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11693 of 2010 DATE OF DECISION: July 06, 2010 Jasbir Kaur .........PETITIONER(S) VERSUS State of Punjab and another ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. H.S. Batth, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) 1. This petition has been filed under Articles 226 & 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order endorsed on 21.06.2010, placed on record as Annexure P-2, vide which respondent no. 2 i. e. Director, Department of Health and Family Welfare, Punjab has cancelled the order of transfer of the petitioner who is serving as Staff Nurse. 2. It has been brought out that the petitioner had been serving at CHC Sursingh, District Tarn Taran for 3-1/2 years. On request of the petitioner, she was transferred to CHC Majitha against a vacant post vide order Annexure P-1 which was endorsed on 28.05.2010. The petitioner joined at the new station of posting and has been serving in CHC Majitha. Vide impugned order, in just about a month, the order of transfer has been cancelled vide order Annexure P-2 endorsed on 21.06.2010. 3. Notice of motion. CWP No. 11693 of 2010 2 4. On the asking of the Court, Mr. B.S. Chahal, DAG, Punjab accepts notice. 5. Learned counsel for the parties, in view of peculiar facts and circumstances of the case, pray for the matter to be taken up for hearing for final disposal today itself. 6. In another matter, Dr. J.P. Singh, Director, Health and Family Welfare, Punjab had been summoned in view of the fact that a number of cases of similar nature directed against order Annexure P-2 have been received. 7. Dr. J.P. Singh states that the earlier Director was scheduled to retire and it seems that in a hush and hurry, without considering the administrative exigency ordered scores of transfers. Without any discrimination, all the transfers have been cancelled. There is neither any mala fide nor any malice in cancellation of transfer orders earlier issued by the former Director. Dr. J.P. Singh, however, states that the petitioner would be given a hearing and order Annexure P-2 would be reconsidered to see whether order Annexure P-1 was issued in administrative exigency or not. Dr. J.P. Singh further states that all the cases of transfer in relation to widows, physically handicapped persons, cases wherein transfer is on mutual request and where transfers have been effected on vacant posts, would be considered in the context of administrative exigency so that no hospital/office remains without posting of an official in public interest. In the above regards, the cases would be reconsidered and appropriate orders passed. Considering the above, if the circumstances so warrant, the subsequent order of cancellation of transfer would be withdrawn. 8. Dr. J.P. Singh further states that all the other cases will be CWP No. 11693 of 2010 3 considered during general transfer as per general transfer policy adopted by the State Government. 9. Learned counsel for the petitioner agrees that the petitioner would be satisfied if the case of the petitioner is reconsidered in terms of the offer given by respondent no. 2 i.e. Dr. J.P. Singh. 10. Ordered accordingly. 11. In view of the fair stand taken by Dr. J.P. Singh, Director, Health and Family Welfare, Punjab, this petition is disposed of with the directions that status quo shall be maintained for six weeks from today, during which period the case of the petitioner shall be reconsidered by respondent no. 2. 12. In case earlier order of transfer Annexure P-1 is found to be in administrative exigency, the same (Annexure P-1) shall be maintained. In case, however, it is found that the order is not in administrative exigency, the order Annexure P-2 would be given effect. Entire exercise would be concluded in six weeks from today. 06.07.2010 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?