Punjab-Haryana High Court
Gurcharanjit Singh vs State Of Punjab And Others on 1 June, 2023
Neutral Citation No:=2023:PHHC:080247
112 2023:PHHC:080247
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.8720 of 2023
Date of decision : 01.06.2023
Gurcharanjit Singh ....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Jaswinder S. Rana, Avocate for
Mr. Deepak Arora, Advocate for the petitioner.
Mr. Aman Dhir, Dy. Advocate General, Punjab.
PANKAJ JAIN, J. (ORAL)
Petitioner herein prays for issuance of a writ in the nature of
certiorari seeking quashing of the order dated 18.04.2023 (Annexure P-4)
passed by respondent No.2-DGP, Punjab whrereby petitioner has been
transferred from Batala to Ludhiana.
2 Petitioner is working as Constable in Batala.
3 To support his contention, learned counsel for the petitioner
has relied upon order passed by this Court in CWP No.23437 of 2022
titled as Sucha Singh Vs. The State of Punjab & ors., decided on
10.03.2023. In that case respondent-department in the reply justified non-
payment of salary claiming that since petitioner had been adjusted at Batala
on his request beyond sanctioned strength he was asked to furnish affidavit
that he will not claim salary and will also not approach Court of law. Thus
he having furnished affidavit is not entitled for the salary. Taking serious
1 of 4
Neutral Citation No:=2023:PHHC:080247
2023:PHHC:080247
note of the aforesaid practice in the Department, Director General of Police
was directed to file affidavit to explain such practice. The department
thereafter took a policy decision to not resort to such practice and to keep
the police personnels employed only within the sanctioned strength.
4 As a fall out of the aforesaid policy it seems that the present
petitioner who is working in Batala beyond sanctioned strength has been
ordered to be transferred vide impugned order Annexure P-4. The
impugned order reads as under :-
"Sub: Reg. Adjustment of salaries and transfer/posting of
Constables of District Batala and Gurdaspur.
***
Please refer to subject cited above.
2. During CWP-23437-2022, filed by SI/LR
(Constable) Sucha Singh No. 557/PTK (Now 2941/BTL), It came
to the notice of this office that in some districts, the police offices
had received affidavits from certain police officials that due to their
personal problems, they may be transferred to/retained in a
particular district, and that these requests were considered on
humanitarian grounds, but some of these officials could not draw
salary due to insufficient vacancies for adjustment of salaries.
3. Subsequently, this office issued instructions vide
order no.3471-3570/E-2(4), dated 07.03.2023 not to demand or
accept any kind of such affidavits which are against the service
rules and settled principals of law. Further, it was directed that all
transfers and postings must be done strictly in accordance with the
rules and guidelines issued in this regard.
4. Now, this office has received requests from districts
Batala and Gurdaspur informing that there are 22 such police
officials in district Batala and 46 in district Gurdaspur, who are
working in these districts without drawing pay, as there was no
vacancy available in their ranks in these districts, since the date of
2 of 4
Neutral Citation No:=2023:PHHC:080247
2023:PHHC:080247
their joining in the respective districts. These transfers were done
much before the guidelines prohibiting such a practice were issued
by this office on 07.03.2023. Therefore, keeping in view, the
welfare of the employees and the hardships faced by the
aforementioned police officials due to non-payment of salaries,
their salaries may be adjusted against vacancies in higher ranks, as
per availability from their dates of Joining in the respective districts
as per the Annexures A & B enclosed.
5. Although, as a one-time relief measure, the salaries
of these officials may be drawn against vacant posts in higher ranks,
however, it is unviable in the long run, because these vacant posts
of higher ranks may be filled by transfers/promotions and there may
not be sufficient vacancies left to adjust their salaries in the same
district. As a result, these police officials may again face difficulty
in drawing salaries in time. Therefore, considering the welfare of
these police officials and to ensure that they are given salaries in
time, these police officials are hereby transferred from districts
Batala and Gurdaspur to Police Commissionerate, Ludhiana:
DISTRICT BATALA
SR.NO. RANK &NAME OLD BELT NO. Transferred
· SR/CT JAGJIT SINGH 1663/JAL CP/LUDHIANA
· L/CT MANPREET KAUR 669/ASR-C CP/LUDHIANA
· L/CT MANDEEP KAUR 3928/ASR CP/LUDHIANA
· CT ARSHDIP SINGH 307/PTK CP/LUDHIANA
· L/CT RAVINDER KAUR 995/JAL CP/LUDHIANA
· SR/CT GAIN SINGH 1783/JAL CP/LUDHIANA
· ASI/LR JUGRAJ SINGH 396/ASR CP/LUDHIANA
· ASI/LR SUCHA SINGH 1086/ASR CP/LUDHIANA
· HC/PR SURJIT SINGH 1301/JAL CP/LUDHIANA
· CT BALDEV SINGH 4134/LDH CP/LUDHIANA
· SI/LR BALJINDER SINGH 560/PTK CP/LUDHIANA
· CT GURPANTHJIT SINGH 172/PTK CP/LUDHIANA
· ASI/LR SUKHJIT SINGH 573/LDH CP/LUDHIANA
· SI/LR GURCHARANJIT SINGH 663/PTK CP/LUDHIANA
· ASI/LR BALWINDER SINGH 320/ASR-C CP/LUDHIANA
· CT RANJIT SINGH 1677/JAL CP/LUDHIANA
· CT SARWAN SINGH 1682/JAL CP/LUDHIANA
· L/CT HARPREET KAUR 3663/ASR CP/LUDHIANA
· CT SAJANPREET SINGH 1838/JAL CP/LUDHIANA
· SR/CT JATINDERBIR SINGH 2271/ASR CP/LUDHIANA
· SR/CT HARPAL SINGH 1510/JAL-R CP/LUDHIANA
· SI/LR HARJIT SINGH 732/PTK CP/LUDHIANA
xxxxx
5 Learned counsel for the petitioner has not been able to point
out any violation of rule while passing the impugned order. By now it is
3 of 4
Neutral Citation No:=2023:PHHC:080247
2023:PHHC:080247
well settled that transfer is an incidence of service. Orders of transfer are
open to interference only when such orders have been passed in malafide
exercise of power, in violation of any statutory provision or have been
issued by an authority not having the jurisdiction to direct such transfer.
Matters of transfer/posting are best left to the judgment of the employer.
Reference in this regard can be made to judgment rendered by Apex Court
in Union of India Vs. S.L.Abbas (1993) 4 SCC 357.
6 There being no vested right in the petitioner to continue at
Batala and order having been passed by competent authority in order to
weed out an illegal practice of keeping the personnels beyond sanctioned
strength without salary, no ground for interference is made out.
7 Consequently, present writ petitions are dismissed.
June 01, 2023 (PANKAJ JAIN)
Dpr JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:080247
4 of 4
