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Judgment
Baltej Singh and Others ...Petitioners
Versus
State of Punjab and another ...Respondents CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Gaurav Sharma, Advocate for the petitioners.
Mr. Sahil R. Bakshi, AAG, Punjab.
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KULDEEP TIWARI, J.(ORAL)
Through the instant writ petition, prayer is made for issuance of a direction, upon the respondents to submit their options for the vacant stations in Districts Maler Kotla, Muktsar, Roopnagar & Mansa and thereafter, re-allot them the said vacant stations in the said districts in accordance with their merit, seniority, and principles of equality.
In the instant matter, vide order dated 02.10.2024, the promotions of the petitioners as Physical Masters were reviewed and they were assigned notional promotion with effect from 01.04.2010. Pursuant thereto, notices dated 24.11.2024, 07.12.2024 and 12.12.2024 were issued for station allotment; however, despite the petitioners opting for vacant stations in Districts Malerkotla, Muktsar, Rupnagar and Mansa, the successive exercises were cancelled and, in the final allotment dated 18.12.2024, no station in the aforesaid districts was shown as available. Though the petitioners repeatedly sought allotment of the said stations and were granted extensions of time vide letters dated 30.12.2024 and 23.01.2025, their request was not considered and they were ultimately directed to join at the stations allotted to them. Meanwhile, similarly situated employees, who had approached this Court in CWP Nos.6125 of 2025 and 35426 of 2025, were subsequently adjusted against stations in the very districts, and orders dated 11.06.2025 and 27.06.2025 further reveal that persons lower in seniority were allotted stations in Districts Malerkotla, Muktsar, Rupnagar and Mansa. The aforesaid facts shows that vacancies were available but were not disclosed to the petitioners, thereby depriving them of allotment in accordance with their seniority. Despite notice of demand of justice dated 27.05.2026, their grievance remains unaddressed. The action of the respondents is, therefore, alleged to be arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The petitioners had earlier filed CWP No.21157 of 2026, which was withdrawn with liberty to file a fresh petition with better particulars vide order dated 15.07.2026.
Learned counsel for the petitioners submits that in respect of their grievance the petitioners have served a demand notice dated 27.05.2026 (Annexure P-8), for re-allotment of stations.
Learned counsel for the petitioners has raised various issues citing various lapses in the transfer policy, in question.
This Court has already considered this aspect in CWP-9706-2026 titled ‘Aashish Kalra vs. State of Punjab and others’ wherethrough, a bunch of petitions, were decided on 17.08.2026, and the same were disposed of with hereinafter directions :-
During the course of hearing, which has encompassed manifold dimensions of the grievances, the Secretary, Department of School Education, fairly admits that the Policy in question, indeed, warrants comprehensive re-examination. Further, she fairly submits that, in fact, the Policy ought to be devised to address all such issues, which may possibly invite the attention of the State Government.
In the wake of the abovesaid conceded position, and having regard to the far-reaching consequences, which a large number of employees across the State may face, this Court, at this stage, deems it appropriate to refrain from adjudicating the matter on merits, enabling the authorities concerned to set right the anomalies, at the first instance. Accordingly, on the basis of the fair stand set out on behalf of the respondent-State, as narrated above, the present petitions are disposed of, with the following directions:-
The Secretary, Department of School Education, Punjab, shall constitute a Committee to re-examine the Policy in question in all aspects, including the issues, as demonstrated above, with a view to rectify the anomalies and ensuring complete transparency, thereby, leaving no discretionary powers with the authorities concerned to be exercised arbitrarily, within a period of three months from today.
The Secretary, Department of School Education, Punjab, shall also constitute a separate Committee, within two weeks from today, which, after hearing all the stakeholders, including the petitioners, shall pass a speaking order qua every petitioner, thereby addressing his/her grievance, within a period of eight weeks from today.
In view of the above, the instant writ petition is also disposed of in the above terms. The petitioners shall file a specific representation with the Secretary, Department of School Education, Punjab, who, on receipt of such representation, shall constitute a Committee, in view of the directions (supra), and thereupon will take necessary action.
However, in the event of default in compliance of the hereinabove directions within the stipulated period, the petitioners are at liberty to move an apt application for revival of the instant petition.
