The Punjab and Haryana HC was dealing with the petition seeking issuance of a writ in the nature of mandamus directing the respondents to upload the chronic disease certificate and award 10 points to him as per the Transfer Policy in the Online Transfer Drive.
Learned counsel for the petitioner submitted that the respondents sought options for online transfer drive from 26.11.2021 to 29.11.2021 and thereafter, it was extended till 03.12.2021. The petitioner has undergone open-heart surgery in the 1st week of November and he filled his option on 28.11.2021. Learned counsel further submitted that the petitioner is entitled for 10 points as his case falls under the category of `chronic disease’ and the said certificate was issued to him only on 03.12.2021 but the same has not been considered by the respondent authorities.
On advance service, learned State counsel joins proceedings and opposes issuance of notice of motion.
The HC after evaluating various submissions held that “Transfer being matter of administrative exigency, this Court generally, refrains to interfere and treads cautiously, unless it is a case of extreme hardship. Moreover, to transfer an official, or not to, is sole discretion of the employer based on the administrative exigencies. Not doing or doing so is not a punishment, but an integral part of service conditions.”
The HC ordered the competent authority to sympathetically look into the medical condition of the petitioner and upon verification thereof pass appropriate fresh orders, if he is found deserving.
Bench: Hon’ble Mr. Justice Arun Monga
Case Title: Ajesh Kumar v. State of Haryana
Case Details: CWP-24988-2021
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