IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 583 of 2010 (O&M) Date of Decision: August 2, 2010 Sant Ram …Appellant Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE A.N. JINDAL Present: Mr. Ashwani Bakshi, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal filed under Clause X of the Letters Patent, is directed against the judgment dated 28.8.2009, passed by the learned Single Judge while disposing of CWP No. 20525 of 2008. The petitioner-appellant was appointed as Peon in the respondent department and was eventually promoted as Clerk on 5.11.1982. He was called in the head office for typing work. He joined the head Office in May 1990 although he was again called in the field office. The petitioner- appellant has claimed that he was permanently absorbed in the head office on the basis of order dated 17.2.1992 (P-2). The learned Single Judge dismissed the petition by observing as under:- LPA No. 583 of 2010 (O&M) “ The reference made by the counsel for the petitioner to number of judgment to say that the petitioner could not have been transferred outside the cadre without his consent for change of his cadre would not help his cause. It is an accepted position that the transfer of the petitioner was on his request and that too in the year 1992. If he wishes to urge that he cannot now be sent from head office cadre to field office cadre without his consent, then it is not a case of transfer from one cadre to another as he was never absorbed or transferred to the cadre of head office as already noticed. ……” Mr. Ashwani Bakshi, learned counsel for the petitioner- appellant has again addressed the same very argument of absorption in the head office on the basis of order dated 17.2.1992 (P-2). It would, therefore, be necessary to examine the nature of the said order, which reads thus:- “ Consequent upon the transfer of Sh. Kaluti Ram, Clerk, temporary attached with IBHO, Haryana, Chandigarh, Shri Sant Ram, Clerk of Procurement and Disposal Circle, Manimajra is hereby transferred to IBHO, Haryana, Chandigarh and posted in Drainage Section (IBHO) as Typist against the vacancy in public interest with immediate effect subject to the following conditions:- 1. The seniority of the official will be reckoned 2 LPA No. 583 of 2010 (O&M) from the date of joins (joining?) in IBHO, Haryana. 2. That he fulfills all the conditions for permanent adjustment/absorption in Head Office.” A perusal of the aforesaid order would show that the petitioner-appellant was transferred to the head office and was posted in the Drainage Section as typist. The conditions which are applicable to him are that he fulfilled all the conditions of permanent adjustment/absorption in the head office and his seniority was to be reckoned from the date he joined duty in the head office. There is no order to the effect that he was eventually absorbed in the head office on the post of Clerk. The aforesaid order does not advance the case of the petitioner-appellant because it merely states that he fulfills al the conditions for permanent adjustment/absorption in the head office and his seniority was to be reckoned from the date he was to join duty. The order further shows that he was merely transferred to the head office. Therefore, it is not possible to disagree with the view taken by the learned Single Judge. The instant appeal is without merit and is hereby dismissed. In view of the fact that the instant appeal has been dismissed on merit, no orders are required to be passed on the miscellaneous applications filed along with it. (M.M. KUMAR) JUDGE (A.N. JINDAL) 3 LPA No. 583 of 2010 (O&M) August 2, 2010 JUDGE Pkapoor 4