Civil Writ Petition No. 3623 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3623 of 2009 (O&M) Date of decision : 07.12.2011 Manisha ....Petitioner V/s State of Punjab and others ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Gaganpreet, Advocate for Mr. Deepak Sibal, Advocate for the petitioner. Mr. B.S. Chahal, DAG Punjab. Mr. S.S. Behl, Advocate for respondent No. 4. Mr. D.S. Virj, Advocate for respondent No. 5. RAJAN GUPTA J. (ORAL) There is written request for adjournment on the ground that counsel for the petitioner is not feeling well. Ms. Gaganpreet, Advocate has put in appearance on his behalf and agreed to assist the court. The petitioner has sought a writ in the nature of certiorari challenging her transfer order dated 27.02.2009 (Annexure P/9) whereby she was transferred from Govt. Saragarhi Sr. Sec. School, Town hall, Amritsar to Govt. Sr. Sec. School Ramdas (Amritsar). Learned State counsel at the outset submits that in view of stay order granted by this court on 06.03.2009, petitioner has continued at her present place of posting for more than 2½ years and normal tenure Civil Writ Petition No. 3623 of 2009 2 according to policy is 3 years. He thus submits that present petition has been rendered infructuous. Heard. Vide order dated 27.02.2009, the petitioner was directed to be transferred from Govt. Saragarhi Sr. Secondary School, Town hall, Amritsar to Govt. Sr. Sec. School Ramdas (Amritsar). On her filing the instant writ petition, this court was pleased to stay the transfer order on 06.03.2009. Since then, the petitioner has continued at Govt. Saragarhi Sr. Secondary School, Town hall, Amritsar. She shall complete her 3 years tenure at this place shortly. According to policy, an employee can be transferred after tenure of 3 years to any other place. Thus no cause of action survives in the petition. State is at liberty to pass appropriate order keeping in view the facts and circumstances of the case. The petitioner shall also be at liberty to file representation which shall be considered. In case still aggrieved, petitioner shall be at liberty to file afresh. Disposed of. December 07, 2011 (RAJAN GUPTA) Ajay JUDGE