Citation : 2023 Latest Caselaw 3844 P&H
Judgement Date : 12 April, 2023
Neutral Citation No:=2023:PHHC:052088
2023:PHHC:052088
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CWP-4685-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-4685-2022
Date of decision: 12.04.2023
Devender
...Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Sanjay Kaushal, Sr. Advocate with
Mr. A.P.Setia, Advocate,
for the petitioner.
Mr. Sunil Kumar Vashisth, DAG, Haryana.
HARNARESH SINGH GILL, J. (ORAL)
Challenge in the present petition is to the order dated
23.02.2022 (Annexure P-16) passed by the respondents, vide which claim
of the petitioner to cancel the transfer order, has been rejected.
Learned Senior Counsel for the petitioner contends that the
petitioner has completed the tenure of five years in Zone-I and that no
option was provided to the petitioner in terms of the policy dated
07.08.2020 before posting him 'anywhere in the State'. Learned Senior
Counsel further draws the attention of this Court towards the order dated
09.03.2022 passed by a Coordinate Bench vide which status quo was
ordered to be maintained. In support of his contentions, learned counsel
relies upon the judgment dated 12.07.2022 passed by the Coordinate Bench
in CWP-13810-2021, titled as 'Mohit and others Vs. State of Haryana and
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Neutral Citation No:=2023:PHHC:052088
2023:PHHC:052088
CWP-4685-2022
others'.
At this stage, learned Senior Counsel for the petitioner
submits that the petitioner would move a fresh representation before
respondent No.2 for redressal of his grievance and he would be satisfied, in
case a time bound direction is issued to respondent No.2 to decide such
representation.
Learned State counsel has no objection in case the directions
for deciding such representation is issued.
In view of the above, without expressing any opinion on the
merits of the case, the present petition is disposed of with liberty to the
petitioner to move a fresh representation before respondent No.2 for
redressal of his grievance. If any such representation is moved by the
petitioner within 20 days from today, the same shall be decided by
respondent No.2 by passing a speaking order within a period of eight weeks
from the date of its receipt.
12.04.2023 (HARNARESH SINGH GILL)
parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:052088
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