2023:PHHC:081636
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
125
CWP-12525-2023
Decided on : 06.06.2023
Balkesh
. . . Petitioner(s)
Versus
State of Haryana and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Mayank Yadav, Advocate
for the petitioner(s).
Mr. Pawan Kumar Jhanda, DAG, Haryana.
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SANJAY VASHISTH, J. (Oral)
1. Petitioner-Balkesh, aged 41 years has filed the instant petition for issuance of writ in the nature of certiorari to quash the order dated 19.05.2023 (Annexure P-3) passed by the Director State Transport, Transport Department, Haryana (respondent No.2), whereby while being posted as Conductor in Haryana Roadways, petitioner has been transferred from Narnaul to Palwal.
2. Counsel for the petitioner submits that petitioner being suffering from various ailments and is also under treatment would face several hurdles and thus, has submitted one representation dated 21.05.2023 (Annexure P-5) to the Committee constituted by the Department itself in regard to the online transfer policy and also to the General Manager, Haryana Roadways, Narnaul Depot, District Mohindergarh.
3. Counsel for the petitioner submits that transfer of the petitioner is against the policy decision of the Government itself. Thus, at this stage he would be satisfied if a direction is issued to respondent No.2 i.e. Director State Transport, Transport Department, Haryana, to decide his representation dated 21.05.2023 (Annexure P-5) sympathetically and also in view of the policy decision of the Government.
4. Notice of motion to the respondents.
KAVITA NAIN 2023.06.06 18:26 I attest to the accuracy and integrity of this document order/judgment 2023:PHHC:081636 CWP-12525-2023 -2-
5. On asking of Court, Mr. Pawan Kumar Jhanda, DAG, Haryana, who is present in Court, accepts notice on behalf of respondents(State).
6. I have gone through the petition and heard the submissions addressed before this Court, which is to the extent of issuing direction to the respondents to take some decision on the representation already filed by the petitioner.
7. Accordingly, respondent No.2 is directed to take a decision on the representation in accordance with law with the policy of State Government for the welfare of its employees and also by considering the grounds taken in the representation in regard to his medical treatment and other aspects and thus, may take a sympathetic view according to his/her own wisdom.
8. With the aforementioned observations, petition stands disposed of.
Pending application(s), if any, also stands disposed of.
(SANJAY VASHISTH)
JUDGE
June 06, 2023
k.nain
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
KAVITA NAIN
2023.06.06 18:26
I attest to the accuracy and
integrity of this document
order/judgment