HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16009 of 2010 (O&M) Date of Decision: 16.08.2011 **** Sarabjeet Kaur . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** 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? **** Present: Mr. Vivek Sharma, Advocate for the petitioner Mr. BS Chahal, DAG Punjab **** SURYA KANT J. (ORAL) (1). The husband of the petitioner was serving in the Education Department, Government of Punjab when he unfortunately died in the year 2004. The petitioner was appointed as a Clerk on compassionate grounds and was posted in the office of BPEO at Malerkotla. Her minor child is also studying at Malerkotla where she stays in her matrimonial home. The petitioner, having been transferred to Lehra Ghagga which is stated to be 120 kms away, has approached this Court. (2). The operation of the transfer order (Annexure P5) was stayed and the petitioner was allowed to continue in BPEO office at Sherpur. CWP No.16009 of 2010.doc - 2 - (3). The respondents have filed their reply/affidavit which mainly highlights that there was some factionalism amongst the employees posted at Malerkotla. Even if that is so, there is no reason as to why the petitioner be not allowed to continue at BEPO office Sherpur. In my considered view, the petitioner deserves to be continued at Sherpur at least for normal tenure of three years owing to the family circumstances. (4). The impugned transfer order dated 05.09.2010 (Annexure P5) is accordingly quashed and the respondents are directed to allow the petitioner to continue in the office of BPEO at Sherpur for the remainder of the three years’ tenure. On completion of the said tenure, the respondents shall sympathetically consider the transfer/posting of the petitioner at a nearby place. (5). Disposed of accordingly. Dasti. 16.08.2011 vishal shonkar (S u r y a K a n t) Judge 2