Diploma Engineers Association vs State Of Haryana And Others

Tejinder Singh Dhindsa, J

CM-13623-CWP-2020

This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

In the light of the submission made by counsel for the applicant/petitioner-Association that the members of the Association would be ready and willing

to join immediately at the transferred place of posting and subject to their representations being considered and examined by the concerned respondent

authorities, date in the main petition is preponed 08.02.2021 and the same is taken up on Board today itself.

Mr. Sharan Sethi, Addl. A.G. Haryana, does not oppose the advancement of the date of hearing in the main petition.

Application disposed of.

MAIN CASE

Petitioner is a Diploma Engineer's Association and a writ of mandamus is sought for directing the respondents to consider their grievances arising out

of implementation of the online transfer policy in the cadre of Junior Engineer (Civil), PWD (B&R), Haryana.

It so transpires that earlier in point of time an order dated 17.08.2020 had been issued directing posting/transfers of Junior Engineers (Civil) i.e.

members of the petitioner-association. However implementation of such order dated 17.08.2020 had been kept in abeyance.

After filing of the instant petition an order dated 09.12.2020 has been issued by the respondent authorities which in essence directs the implementation

of the earlier order dated 17.08.2020.

Counsel for the petitioner-Association submits that by virtue of implementation of the order dated 17.08.2020, the concerned members of the

petitioner-Association would duly join at the transferred place of posting within a period of three days from today. He, however, seeks issuance of

directions to the respondent authorities to consider their representation against the transfers and that had already been submitted and was pending

consideration.

Submission advanced by counsel is found to be just and fair. Even learned State counsel sates that the representation that has already been filed by

the members of the petitioner association would be examined in accordance with law and a final decision thereupon would be taken within a period of

eight weeks from today and would be conveyed to the petitioner-association.

In the light of the aforesaid arrangement, this Court need not examine the case on merits.

Writ petition is accordingly disposed of.