IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.17025 of 2008 Date of Decision: August 24, 2009 Gurdeep Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.D. Bawa, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) Gurdeep Singh, Head Constable, has filed this petition under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Order of transfer dated 10.9.2008 (Annexure P-1) from District, Gurdaspur to Police District, Batala, District Amritsar. Learned counsel for the petitioner confines the claim of the petitioner only to the averments made in Para 8 of the petition which read as under:- “8. That it may be added here that petitioner was relieved from duty on 11.9.2008 and although the above said order is illegal but obeying the said order, CWP No.17025 of 2008 [2] subject to his legal rights, the petitioner reported for duty at Police District Batala where he was not allowed to join duty for want of vacancy.” Reply has been filed on behalf of the respondents. In response to Para 8, all that has been stated is that contents of Para 8 of the writ petition are a matter of record. However, the petitioner was transferred from Gurdaspur to Batala by the competent authority. Under the circumstances, it transpires that the respondents admit that petitioner has not been allowed to join duty for want of vacancy although he was relieved on 11.9.2008 from Gurdaspur. The petition is disposed of with directions to respondent No.3 to consider the facts and circumstances of the case and take a decision within two weeks of receipt of a certified copy of the order, to enable the petitioner to atleast join duty. Learned counsel for the petitioner further points out that the petitioner has not been paid salary and that is without any fault of the petitioner. The respondents shall also address the grievance of the petitioner in regard to payment of salary. (AJAI LAMBA) August 24, 2009 JUDGE avin