Sardar Singh And Another vs Deputy Director on 21 July, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                               C.W.P. No. 10727 of 2009
                                         DATE OF DECISION : 21.07.2009

Sardar Singh and another

                                                          .... PETITIONERS

                                   Versus

Deputy Director, National Horticultural Research and Development
Foundation, Salru, Karnal and others

                                                        ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. M.L. Puri, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are working in the National Horticultural

Research and Development Foundation and posted at Research Centre,

Karnal, have filed the instant petition challenging their transfer order dated

16.7.2009 (Annexure P-4).

It is the case of the petitioners that a demand notice (Annexure

P-3) issued by the N.H.R.D.F Karamchari Sangh is pending, therefore, at

this stage, their transfer is malafide. I do not find any ground in the

submission made by learned counsel for the petitioners. In every factory and

establishment, demand notices remain pending, therefore, on the ground of

pendency of such demand notices, an employee cannot claim that he cannot

be transferred. It is not disputed that under the Rules, the post held by the
CWP No. 10727 of 2009 -2-

petitioners is transferable and an employee can be transferred at any place

on administrative grounds.

In view of the aforesaid facts, I do not find any ground to

interfere in the impugned transfer order, in exercise of the writ jurisdiction

of this court.

No merit.

Dismissed.

July 21, 2009                              ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE