IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 9544 of 2009
DATE OF DECISION : OCTOBER 28, 2009
CONSTABLE AVTAR SINGH 3C/512 & ORS.
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Amit Jhanji, Advocate, for the petitioner(s).
Mr. BS Chahal, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition under Articles 226/227 of the Constitution of
India has been filed praying for issuance of a writ in the nature of certiorari
quashing order dated 25.6.2009 (Annexure P-2), vide which the Constables
who have joined Commando Wing in Punjab Police later than the
petitioners, have been allowed to be transferred to the District Police.
The essence of the contention of the learned counsel for the
petitioners is that, the petitioners who are serving in the Commando Wing
Civil Writ Petition No. 9544 of 2009 2
of Punjab Police, want to be transferred to the District Police. It has
further been contended that only the length of service in the Commando
Wing is required to be taken into account, whereas the respondents are
taking into account the total length of service of a person in the police
force for sending a person from Commando Wing to the District Police.
The stand taken by the learned counsel for the respondent-
State, on the basis of the written statement, is to the effect that the
Director General of Police, Punjab, vide memo dated 11.6.2009 has issued
directions to take seniority of the Commando Trained Constables on the
basis of total length of service for their transfer from Commando
Formation to District Police. It has specifically been stated that there has
been no discrimination. In para-5 of the reply on merits, it has been stated
that “No junior constable in length of service to the petitioner has been
posted out from Commando Formation to District Police”.
I have considered the issue.
Learned counsel for the petitioners has not been able to
dispute the fact that it is merely transfer which has been challenged. The
perks and the status of the persons remain the same. It is further not in
dispute that it is a transferable post.
Considering the law on transfer to the effect that transfer of
an employee is not only an incident inherent in the terms of appointment
but also implicit as an essential condition of service in the absence of any
specific indication to the contra in the law governing or conditions of
service, no ground for interference in writ jurisdiction is made out. It has
not been shown that the transfer is an outcome of a mala fide exercise of
Civil Writ Petition No. 9544 of 2009 3
power or violative of any statutory provision. All that is to be seen by the
Court is that the official status is not adversely affected and there is no
infraction of any career prospects such as seniority, scale of pay and
secured emoluments.
It being the admitted position that the official status and other
service conditions remain the same, this petition is dismissed.
October 28, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?