Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.24710 of 2012 Date of Decision :
13. 12.2012 Mahabir Singh ....Petitioner(s) Versus State of Haryana and others ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr.Gautam Kailey, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court with a grievance that he has been transferred, vide order dated 27.11.2012 (Annexure-P-1) in violation of the policy decision of the Government of Haryana, dated 6.10.2004 (Annexure-P-3).according to which, transfer of a superannuating employee, who is in the last year of service, may not be effected in routine, but under compelling circumstances.
Petitioner is retiring on 30.11.2013 and less than one year is left for his retirement.
In the transfer order, no compelling reasons have been specified for transfer of the petitioner.
Against the said transfer order, petitioner has submitted a representation dated 4.12.2012 (Annexure-P- 2) to the Deputy Excise and Taxation Commissioner (Sales Tax).Sonipat, which has been duly forwarded to the Excise and Taxation Commissioner, Haryana-respondent No.2.
Counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Excise and Taxation Commissioner, Haryana-respondent No.2 to consider and decide the representation dated 4.12.2012 (Annexure-P-2).submitted by the petitioner within some specified time.
CWP No.24710 of 2012 -2- Without going into the merit of the case or commenting thereon, the present petition is disposed of with a direction to the Excise and Taxation Commissioner, Haryana-respondent No.2 to consider and decide the representation dated 4.12.2012 (Annexure-P-2).submitted by the petitioner, within a period of four weeks from the date of receipt of certified copy of this order.
The decision, so taken be conveyed to the petitioner forthwith.
Till then status quo as it exists with regard to the posting of the petitioner shall be maintained.
(AUGUSTINE GEORGE MASIH) JUDGE 13 12.2012 sjks