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Judgment
Nidhi Gupta, J.
Present Civil Writ PeƟƟon under ArƟcles 226 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of CerƟorari for quashing the impugned orders dated 24.01.2025 (Annexure P-2) passed by the respondent No. 2 vide which the peƟƟoner has been transferred from office of Vigilance Division Hisar, to SYL Circle, Ambala, in violaƟon of the Clause 3 (C) of Transfer Policy (Annexure P/3) and against the principal of natural jusƟce; and a writ in the nature of mandamus direcƟng the respondent No.2 to reconsider and cancel the impugned transfer order dated 24.01.2025 (Annexure P-2) of the peƟƟoner.
It is inter alia submiƩed by ld. counsel for the peƟƟoner that the peƟƟoner was appointed on the post of Clerk on regular basis in IrrigaƟon Department, Haryana on 09.09.2020. Vide order dated 20.05.2021 (Annexure P-1), peƟƟoner was posted in Vigilance Division, Hisar of Vigilance Circle, Rohtak against a vacancy with immediate effect by way of transfer from Head Office, Panchkula.
However, vide the impugned order dated 24.01.2025 (Annexure P-2), peƟƟoner has now again been transferred to SYL W.S. Circle, Ambala from Vigilance Division, Hisar of Vigilance Circle, Rohtak.
Ld. Counsel contends that as per Clause 3(c) of the Online Transfer Policy of February 2020 (Annexure P-3), it is sƟpulated that only employees who have completed 5 years in parƟcular division and 10 years in circle while calculaƟng for purpose of tenure of employees for the purpose of this policy, and employees who completed 3 years service in a place of posƟng, shall be eligible for voluntary parƟcipaƟon in online transfer drive.
Ld. counsel submits that on date of passing of impugned order, peƟƟoner had only completed about four years. As such, peƟƟoner could not have been transferred. In this regard, the peƟƟoner had even submiƩed a representaƟon dated 25.01.2025 (Annexure P-4) requesƟng the respondents to cancel the impugned transfer order as peƟƟoner had not yet completed 5 years at Hisar. PeƟƟoner had also sought recalling of the impugned transfer order on the ground that his mother is suffering from paralysis and that her treatment is going on at Hisar, and he is being transferred approximately 110 kilometers away from his place of residence.
It is accordingly prayed that the present writ peƟƟon be allowed and impugned transfer order dated 24.01.2025 (Annexure P-2) be set aside.
Per contra, ld. State counsel has opposed submissions of the peƟƟoner and submiƩed that even if the case of the peƟƟoner is accepted, then term of 5 years’ posƟng of the peƟƟoner at Hisar has expired on 19.05.2026. As such, even by his own argument, peƟƟoner is now liable to be transferred. Accordingly, prays for dismissal of the present writ peƟƟon.
No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions of the peƟƟoner.
Factual matrix of the case has already been noted hereinabove. PeƟƟoner had been posted at Hisar vide order dated 20.05.2021 (Annexure P-1). Vide order dated 03.02.2025, predecessor Bench of this Court had granted status quo in respect of the transfer of the peƟƟoner, which is conƟnuing Ɵll date. Thus, as per the own saying of the peƟƟoner, in terms of Online Transfer Policy (Annexure P-3), peƟƟoner has already completed more than 5 years’ posƟng at Hisar on dated 19.05.2026.
On this short ground, present peƟƟon is liable to be dismissed.
Even otherwise, there is no merit in the present peƟƟon as the respondent-Government vide its noƟficaƟon No. 4733/A-IV/EG-1/2020 dated 03.03.2020 (Annexure R-2) had introduced On-line Transfer Policy of Clerks so as to ensure equitable distribuƟon of Clerks at different locaƟons in a fair and transparent manner and to maximize job saƟsfacƟon amongst employees and further to improve performance of the department and the above said policy shall be applicable to all Clerks who are member of state Cadre working on regular basis. Clause 12 of said policy provides that;-
"Notwithstanding anything contained in the policy, the AdministraƟve Secretary, IrrigaƟon & W.R. Department, Haryana with the prior approval of the Chief Minister, Haryana, shall be competent to transfer any Clerk to any place in relaxaƟon of any or all of the above provisions aŌer recording reasons jusƟfying such relaxaƟon."
Thus, even in terms of Clause 12 of the said Policy, respondents were competent to transfer the peƟƟoner. The record reveals that a note dated 10.01.2025 (Annexure R-3) was received from OSD/CM Haryana whereby it was desired that peƟƟoner who was then posted in W.S. Division, Hisar may be transferred out of District Hisar on administraƟve ground.
In view of the above, present writ peƟƟon stands dismissed.
Pending applicaƟon(s), if any, also stands disposed of.