IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CWP-5569-2020(O&M) Date of Decision:- 14.07 .2026 Renu Saini and others … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Devender Punia, Advocate for the peƟƟoners. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226 of the ConsƟtuƟon of India has been filed by the peƟƟoners for issuance of a writ in the nature of CerƟorari quashing the impugned order dated 24.02.2020 (Annexure P-5), whereby the peƟƟoners have been ordered to be relieved from the post of M.P.H.W. (F), Health Services Department, Haryana, with a direcƟon to submit their joining report before respondent No. 3. 2. It is inter alia submiƩed by learned counsel for the peƟƟoners that vide AdverƟsement No.01/2015 dated 19.06.2015 (Annexure P-1) issued by respondent No.4-Haryana Staff SelecƟon Commission (hereinaŌer ‘HSSC’) vide Category No. 9, 300 posts of MulƟ-purpose Health Workers (hereinaŌer ‘MPHW (F)’), in the Department of Health Services Haryana, were adverƟsed. The peƟƟoners applied for the said post and were appointed as such vide order dated 08.08.2018 (Annexure P-2, P-3 and P-4) issued by respondent No.2. NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5569-2020 (O&M) - 2 - 3. Ld. counsel submits that the peƟƟoners were working at their respecƟve place of posƟng since the dates of their appointment, in the Health Department Haryana. However, now respondent No.2/ Director General Health Services, Haryana vide impugned order dated 24.02.2020 (Annexure P-5) has ordered to relieve the peƟƟoners from their present place of posƟng and has directed them to submit their joining report to respondent No.3 i.e. the Director Employee State Insurance Health Care, Haryana (hereinaŌer ‘ESI’). Thus, vide the impugned order dated 24.02.2020, services of the peƟƟoners have been terminated without issuing show cause noƟce aŌer 2 years service. 4. Ld. counsel argues that the peƟƟoners have been appointed in the Health Services Department, Haryana vide appointment leƩers dated 08.08.2018 (Annexures P-2 to P-4) issued by the respondent No.2 i.e. the Director General Health Services, Haryana, Panchkula. Now respondent No.2 has passed the Impugned order dated 24.02.2020 (Annexure P-5) vide which the peƟƟoners are ordered to be relieved and they are being directed to submit the joining report to the respondent No.3 i.e. the Director, Employees State Insurance Health Care, Haryana, which falls under the Department of Labour, Haryana without the consent of the peƟƟoners. The peƟƟoners have been appointed in the funcƟonal pay level 4 @ Rs.25500/- per month; and the pay scale for the post of MPHW(F) is lower in the Employee State Insurance Health Care, Haryana. It is contended that the peƟƟoners would suffer hardship if they are forced to join the Employee State Insurance Health Care, Haryana by respondent No.2. NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5569-2020 (O&M) - 3 - 5. Ld. counsel for the peƟƟoners has further submiƩed that the Director General Health Services has no power to change the Department of the peƟƟoner. It is contended that the peƟƟoner had applied in the Health Department and as such, cannot be relieved from there. Ld. counsel refers to the adverƟsement (Annexure P-1) to submit that 300 posts had been adverƟsed in the Health Department. As such, without consent, peƟƟoner cannot be shiŌed/ transferred to the ESI Department which is under the Labor Department. 6. It is submiƩed that therefore, the impugned order dated 24.02.2020 is illegal, arbitrary, and unsustainable in the eyes of law. It is accordingly prayed that a writ in the nature of CerƟorari be issued thereby quashing the impugned order dated 24.02.2020 (Annexure P-5). 7. Per contra, learned counsel for the respondent has opposed submissions advanced on behalf of the peƟƟoners and has stated that the adverƟsement (Annexure P-1) issued by the Commission was a combined adverƟsement of two departments i.e. the ESI Health Care Department, Haryana and the Health Department, Haryana. It is further submiƩed that the real grievance of the peƟƟoners is that in the ESI lower pay scale was being granted. However, now no cause of acƟon survives in favor of the peƟƟoners as vide order dated 09.08.2021 (Annexure R-6) same pay scale has been granted to the MPHW (F/M) working in the ESI Department and the MPHW (F/M) working in the Health Department. Thus, grievance of the peƟƟoner, as referred to in para 7 of the writ peƟƟon, no longer survives. It is accordingly prayed, that the present writ peƟƟon be dismissed, being without merit. NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5569-2020 (O&M) - 4 - 8. No other argument is made on behalf of ld. counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. 9. I find no merit in the submissions advanced on behalf of the peƟƟoners. It is the first grievance of the peƟƟoner that despite being appointed vide order dated 08.08.2018 (Annexure P-2) through the HSSC, aŌer rendering 2 years service, peƟƟoners have been terminated without show cause noƟce vide impugned order dated 24.02.2020. The said contenƟon of the peƟƟoner is uƩerly misplaced. As, vide the impugned order dated 24.02.2020 (Annexure P-5) it has only been directed as follows: - “You are being sent the following list of M.P.H.W. (F) who have been selected from Health Department to E.S.I. Health Care vide leƩer No.HSSC/Confd./Recomm./2019/629 dated 12.09.2019 of Haryana Staff SelecƟon Commission and it is requested that they may be relieved from duty with immediate effect and Directorate be informed and to give them order to submit their joining report to Director E.S.I. Haryana with immediate effect.” 10. Clearly, therefore, peƟƟoners have not been relieved; and they have only been transferred from Health Department to ESI Health Care Department. 11. Ld. counsel for the peƟƟoner has further submiƩed that the said transfer orders could not have been passed as the Director General Health Services has no power to change the Department of the peƟƟoner. However, the said contenƟon of the peƟƟoner is also misconceived as a perusal of the appointment leƩers dated 08.08.2018, (Annexure P-2 to P-4) clearly show that in Clause 14, it is sƟpulated as follows:- NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5569-2020 (O&M) - 5 - “You are liable to be transferred anywhere within or outside the State of Haryana.” 12. Further, ld. Counsel for the peƟƟoners has not denied that the actual grievance is as averred in para 7 of the writ peƟƟon which reads as follows:- “7.That the peƟƟoners have been appointed in the funcƟonal pay level 4 @ Rs.25500/- per month and the pay scale for the post of MPHW(F) is lower in the Employee State Insurance Health Care, Haryana. The peƟƟoners would suffer hardship if they are forced to join the Employee State Insurance Health Care, Haryana by the respondent No.2.” 13. Thus, the crux of the maƩer appears to be that the peƟƟoners are aggrieved of the fact that the Pay scale being granted to MPHW (F) is lower in the Employee State Insurance Health Care, Haryana. No doubt, at the Ɵme of revise result of above stated MPHW (F) the pay grade of MPHW (F) in ESI Health Care Department, Haryana was FPL-4; and in Health Department pay scale of MPHW (F) was FPL-6 as per instrucƟons of Finance Department dated 02.01.2019 (Annexure R-5). However, even the said grievance of the peƟƟoner is addressed as Finance Department, Haryana has issued InstrucƟons/ order dated 09.08.2021 (Annexure R-6). As per which, the Government of Haryana has granted the same pay grade of FPL-6 (35,400) to the MPHW (F/M) working in the ESI Health Care Department, Haryana as MPHW (M/F) working in the respondent Department. 14. It has further been pointed out that on dated 20.09.2019 respondent issued leƩer No.2/2-2FW/2019-2573 to ESI Health Care Department, Haryana, requesƟng to relieve 37 candidates with immediate effect NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5569-2020 (O&M) - 6 - from ESI Health Care Department Haryana in compliance of leƩer No.HSSC/confd/recomm/2019/628 dated 12.09.2019. Accordingly, 37 candidates were relieved by ESI Health Care Department, Haryana and aŌer relieving from ESI Health Care Department Haryana all 37 candidates have joined Health Department on different dates. The ESI Health Care Department Haryana has also sent the leƩer No.101/17-ESI-E-3-1-2020/470 dated 17.02.2020 to the respondent for relieving 17 candidates including peƟƟoners with immediate effect who had already joined in Health Department as per appointment leƩer issued on dated 08.08.2018. In response to the above stated leƩer of ESI Health Care Department, Haryana, the respondent relieved all the 17 candidates from Health Department by order No.2/2-2 FW/2020/526-550 dated 20.02.2020 (Annexure R-4). It Is perƟnent to menƟon here that all 17 candidates/MPHW (F) are sƟll working in the Health Department in view of stay orders dated 02.03.2020 granted by this Court. 15. Lastly transfer is an incidence of service, and no employee has a legally enforceable right to remain posted at a parƟcular place. Ld. counsel for the peƟƟoners is unable to dispute or controvert the above factual and legal posiƟon. 16. In view of the above, the present writ peƟƟon stands, dismissed. 17. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 14.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh