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Judgment
Petitioner who was serving on the post of Medical Officer under the Punjab State Power Corporation Limited has filed the instant writ petition assailing the order dated 05.09.2017 (Annexure P-7), whereby she had been transferred from Patiala to Ropar.
Petition had come up for preliminary hearing before this Court on 14.09.2017. While issuing notice of motion, the ground of challenge to the transfer was noticed that as per Transfer Policy as also the appointment letter, petitioner was to serve at a particular place of posting for a period of atleast 2 years but in the facts of the present case, the impugned transfer had been directed merely 4 months after the date of joining. On 14.09.2017, this Court had directed the operation of the impugned transfer order to remain stayed.
Inspite of service having been effected, no representation has been caused on behalf of the respondent/Corporation.
Be that as it may, the petitioner by virtue of the interim order passed by this Court on 14.09.2017 has now enjoyed a tenure on the post of Medical Officer at Patiala for a period in excess of 2½ years.
On the date of passing of the impugned order i.e. on 05.09.2017 (Annexure P-7), there was a clear deviation qua Clause 18 of the appointment letter dated 26.12.2016 (Annexure P-2) and which was in the following terms:
"You will have to serve at present offered place of posting at least for a period of 2 years and no request of any change would be entertained by the Corporation."
In pursuance to such letter of appointment, petitioner had joined on the post of Medical Officer on 17.04.2017 at Patiala. In terms of Clause 18, petitioner could not, as such, be displaced from Patiala for a period of two years. Yet vide impugned order dated 05.09.2017 (Annexure P-7), she was transferred from Patiala to Ropar.
In view of the above, writ petition is allowed. Impugned order dated 05.09.2017 (Annexure P-7) is set aside.