IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. 18025 of 2009. [O&M] Date of Decision: 17th February, 2010. Madan Gopal Bhatia Petitioner through Mr. Rajiv Joshi, Advocate Versus State of Punjab & Ors. Respondents through Mr. B.S.Chahal, DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) The petitioner is working as a Superintendent Grade-II in the Public Works Department, Government of Punjab and is due for retirement on attaining the age of superannuation on 30.9.2010. On his representation, he was transferred and posted at Chandigarh in the Head Office vide order dated 26.2.2009. It appears that no work was allotted to the petitioner till 3.6.2009. Thereafter, vide order dated 1.7.2009 [Annexure P-1], the petitioner was transferred from Chandigarh to Patiala. He again represented [Annexure P-3] to the authorities citing the date of his retirement and requested for his retention at Chandigarh where he wanted to settle down after retirement. Having considered his request sympathetically, the respondents passed the order dated 31.8.2009 [Annexure P-4] whereby the petitioner has been 'adjusted' at Chandigarh, but it has been directed that he shall continue to draw his pay from Patiala. The resultant effect is that he can not retain the government accommodation at Chandigarh which was earlier allotted to him. The petitioner has been asked to pay the market rent for the government accommodation because of his 'temporary' adjustment at Chandigarh. During the course of hearing, it transpires that there are two other Superintendent Grade-II, namely, Ashwani Kumar and Sat Pal Sharma, out of whom the latter is due to retire on 31.5.2010. Shri Ashwani Kumar is continuing in the Head Officer for the last more than eight years. In these circumstances and with a view to redeem the petitioner of the hardship of paying the market rent for the government accommodation, it would have been fair and appropriate for the respondents to regularize the posting of the petitioner at Chandigarh against the longer stay. Consequently, the writ petition is allowed; the impugned order dated 31.8.2009 is modified to the extent that instead of 'adjustment', the petitioner shall be treated to have been 'regularly' posted at Chandigarh. The respondents shall be at liberty to transfer Ashwani Kumar – Superintendent Grade II in the field till a vacancy arises in the Head Office. Disposed of. Dasti. February 17, 2010. ( SURYA KANT ) dinesh JUDGE