IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civl Writ Petition No.11820 of 2011 Date of Decision : July 11, 2011. Harpreet Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Deepak Sibal, Advocate, for the petitioner. Ms.Charu Tuli, Senior DAG, Punjab. -.- 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) Learned counsel for the petitioner withdraws all the allegations at the outset and prays for deletion of respondent Nos.3 & 4 from the arrays of respondents. Ordered accordingly. Notice of motion to respondent Nos.1 & 2 only. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab accepts notice on their behalf. Let two copies of the writ petition be supplied to the learned State Counsel during the course of day. CWP No.11820 of 2011 [2] In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage. The petitioner is working as a Clerk in the Department of Health and Family Welfare, Government of Punjab. He is stated to be Physically Challenged Person to the extent of 75% and a certificate to this effect dated 28.4.1997 has been placed on record as Annexure P-1. The petitioner is aggrieved by the transfer order dated 30.6.2011 (Annexure P3) to the extent he has been shifted from Chandigarh to Patiala. It is averred that there is no administrative necessity to shift the petitioner to Patiala nor there is any complaint or any other justifiable reason to uproot the petitioner from Chandigarh as his wife is also stated to be Physically Challenged Person. It is urged that the impugned transfer is likely to cause extreme hardship to the petitioner and his family. Having heard learned counsel for the parties, I am of the considered view that the transfer being an incidence of service, requires no interference by a writ Court. The consideration of the mitigating circumstances or of the fact that there is no administrative necessity to shift the petitioner from Chandigarh to Patiala also falls within the exclusive domain of the Executive. In these circumstances, the writ petition is disposed of with a direction to respondent No.2-Director, Ayurveda, Punjab, to take an appropriate decision regarding the posting of the petitioner and if so required, with the concurrence of the Principal Secretary to the Government of Punjab, Department of Health and Family Welfare, as early as possible and preferably within a period of one month CWP No.11820 of 2011 [3] from the date of receiving a certified copy of this order. Till such decision is taken, operation of the transfer order dated 30.6.2011 (Annexure P-3) qua the petitioner shall remain stayed and he shall be allowed to continue in the Directorate of Ayurveda, Punjab at Chandigarh. Ordered accordingly. Dasti. July 11, 2011 (SURYA KANT) Mohinder JUDGE