CWP No.15354/2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15354/2007 Date of Decision: 27.2.2008 Joginder Kumar Sharma ............. Petitioner Versus State of Haryana and others. ..............Respondents. CORAM:HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH Present:- Ms.Alka Chatrath,Advocate for the petitioner. Sh.Harish Rathee, Sr.D.A.G.Haryana for respondents 1 to 3. Sh.I.P.Goyat,Advocate for respondent no.4. . ***** JASBIR SINGH, J.(ORAL) By filing this writ petition, petitioner has laid challenge to order 14.9.2007 (P-3), vide which his earlier transfer from Industrial Training Institute, Ambala to Industrial Training Institute, Karnal has been cancelled. It is apparent from the records that the petitioner, a Refriegerator and Air Conditioning Instructor, was transferred from Karnal to Ambala on 18.4.2006. On his request, he was re-transferred to Karnal vide order dated 7.8.2007 (P-1) vice Respondent no.4-Parmod Kumar, who was away to Maharashtra, undergoing some training in NCC Course. On his return, against his transfer, he made a representation. The matter was considered and accordingly transfer orders were cancelled. Hence, this writ petition. In response to notice issued, following reason has been given to cancel transfer of the petitioner:- “2. In this context it is submitted that the petitioner was transferred from Industrial Training Institute, Ambala to Industrial CWP No.15354/2007 2 Training Institute, Karnal on 7.8.2007 against Sh. Parmood Sharma respondent no.4 in general transfer orders. The petitioner has joined his duties as such at Industrial Training Institute, Karnal. The respondent no.4 has not joined his duties at Industrial Training Institute, Ambala as he had gone to Kamtee (Maharastra) for 3 months NCC training. Then thereafter, the Principal, Industrial Training Institute, Karnal vide his letter dated 10.8.2007 requesting therein to the Govt. to cancel the transfer order of the respondent no.4 as he is a trained NCC officer whereas neither the petitioner and nor other Instructor is having the requisite training of NCC officer and the department will have to send him for the said training and the State Govt. and Central Govt. will have to incur extra burden/expenditure. In this way, the NCC activities will hamper due to the non-availability of the trained NCC Officer. 3. That after the consideration of the request of the Principal, Industrial Training Institute,Karnal the matter was sent to Govt. for examination. After thorough examination and consideration of the case the transfer order of the respondent no.4 and vice- versa were ordered to be cancelled by the Govt. Accordingly, the transfer orders of the petitioner and respondent no.4 were cancelled vide order No. TE/Transfer/2007/RAC/Admn.II dated 18.9.2007. Feeling aggrieved by the cancellation orders of transfer, the petitioner approach the Hon'ble High Court by way of filing the present writ petition and the Hon'ble High Court was pleased to pass the following order on 1.10.2007. CWP No.15354/2007 3 "Notice of motion for 11.12.2007. In the meantime, operation of the impugned order is stayed”. The petitioner is still continuing at Industrial Training Institute, Karnal due to the stay order by the Hon'ble Court." We are satisfied with the justification given for passing the impugned order dated 14.9.2007 (P-3) and find no reason to interfere with the same. During arguments it was brought to our notice that when the petitioner was transferred on 18.4.2006, from Karnal to Ambala, an Instructor, namely Pardeep Singh, was appointed on contract basis, as a stop gap arrangement, by the Principal of the Industrial Training Institute, Karnal, against the post which was vacated by the petitioner. If that is so, petitioner may approach the authorities for his adjustment at Karnal. If any such representation is made, we direct the authorities to consider the same sympathetically. Disposed of accordingly. (Jasbir Singh) Judge 27.2.2008 (Jaswant Singh) joshi Judge