IN THE HIGH COURT OF PUNJAB AND HARYANA 222 (3 cases) 1. Balvinder kumar and others State of Haryana and others 2. Jagdish Chander and others State of Haryana and others 3. Balvinder kumar and others State of Haryana and another CORAM: Present:- CWP-9700 of 2023 alongwith connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 (3 cases) CWP No.9700 of 2023 Date of decision : Balvinder kumar and others Versus State of Haryana and others CWP No.12815 of 2025 Jagdish Chander and others Versus State of Haryana and others CWP No.11134 of 2025 Balvinder kumar and others Versus State of Haryana and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Krishan Singh, Advocate for the petitioners (in CWP No.9700 of 2023) Mr. Sunil Kumar Nehra (Sirsa), Advocate 9700 of 2023 alongwith connected cases 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 9700 of 2023 (O & M) Date of decision :-20.07.2026 …..Petitioners …..Respondents CWP No.12815 of 2025 (O & M) …..Petitioners …..Respondents CWP No.11134 of 2025 (O & M) …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Krishan Singh, Advocate s (in CWP No.9700 of 2023). Mr. Sunil Kumar Nehra (Sirsa), Advocate VIJAY ASIJA 2026.07.21 10.24 I attest to the accuracy and integrity of this document NIDHI GUPTA J. (Oral) petitions is identi order. filed under Article 226 of the Constitution of India issuance of a writ in the nature of No. 12411/32/DG Jails/2023/A6 whereby respondent No.2 has amended Clause Transfer Policy, 2018 reducing the maximum weightage under t points to 30 points year of service, subject to a maximum of 30 points of length of service. The impugned amendment is challenged as being arbitrary, discriminatory of natural justice, on the ground that it alters the criteria prescribed under the Online Transfer Policy, 2018 without any rational basis and that the said policy continues to remain unchanged in other departments of the State. The petitioner CWP-9700 of 2023 alongwith connected cases for the petitioners (in CWP No.12815 of 2025). Mr. Deepak Sonak, Advocate with Ms. Riya Kangra, Advocate for respondent No.3. Mr. Teevar Sharma, DAG, Haryana. NIDHI GUPTA J. (Oral) Since the issue involved in all the above petitions is identical, the same are being disposed of by this common Prayer in the present Civil Writ Petition No.9700 of 2023 filed under Article 226 of the Constitution of India issuance of a writ in the nature of certiorari 12411/32/DG Jails/2023/A6 dated 07.04.2023 whereby respondent No.2 has amended Clause Transfer Policy, 2018 applicable to the post of reducing the maximum weightage under t points to 30 points and by providing one point for each completed year of service, subject to a maximum of 30 points of length of service. The impugned amendment is challenged as being arbitrary, discriminatory, unreasonable and violative of the principles of natural justice, on the ground that it alters the criteria prescribed under the Online Transfer Policy, 2018 without any rational basis and that the said policy continues to remain unchanged in other ments of the State. The petitioners consequently seek 9700 of 2023 alongwith connected cases 2 petitioners (in CWP No.12815 of 2025). Mr. Deepak Sonak, Advocate with Mr. Teevar Sharma, DAG, Haryana. Since the issue involved in all the above-captioned writ cal, the same are being disposed of by this common Prayer in the present Civil Writ Petition No.9700 of 2023 filed under Article 226 of the Constitution of India is for seeking certiorari for quashing Letter/Order 07.04.2023 (Annexure P-5), whereby respondent No.2 has amended Clause 6(ii) of the Online applicable to the post of Warder (Male) by reducing the maximum weightage under the age criterion from 60 one point for each completed year of service, subject to a maximum of 30 points, under the criterion of length of service. The impugned amendment is challenged as being , unreasonable and violative of the principles of natural justice, on the ground that it alters the criteria prescribed under the Online Transfer Policy, 2018 without any rational basis and that the said policy continues to remain unchanged in other s consequently seek quashing VIJAY ASIJA 2026.07.21 10.24 I attest to the accuracy and integrity of this document of the impugned amendment and all consequential actions taken pursuant thereto 2025 filed under Article 226 of the Constitution of India issuance of a writ in the nature of amendment dated of the Online Transfer Policy, 2018 whereby the maximum weightage under the age reduced from impugned amendment is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, besides being contrary to the Model Online Transfer P 7), the Online Transfer Policy the judgment dated 60 points quashing of th 10), whereby respondent No.2 directed respondent No.3 to carry out transfers of Warders (Male) on the basis of the aforesaid amendment, along with all consequential actions taken pursuant thereto. A furth prayer has been made for staying the operation of the impugned amendment and the consequential letter during the pendency of the present writ petition. 2025 filed under Article 226 of the Constitution of India is for seeking CWP-9700 of 2023 alongwith connected cases of the impugned amendment and all consequential actions taken pursuant thereto. Prayer in the second Civil Writ Petition No.12815 of 2025 filed under Article 226 of the Constitution of India issuance of a writ in the nature of amendment dated 18.04.2025 (Annexure P Online Transfer Policy, 2018 for the post of whereby the maximum weightage under the age reduced from 60 points to 30 points. The petitioner alleges that the impugned amendment is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, besides being contrary Model Online Transfer Policy dated Online Transfer Policy dated 13.02.2020 the judgment dated 25.02.2025 (Annexure P under the age criterion was upheld. The petitioner also seeks quashing of the consequential letter dated 10), whereby respondent No.2 directed respondent No.3 to carry out transfers of Warders (Male) on the basis of the aforesaid amendment, along with all consequential actions taken pursuant thereto. A furth prayer has been made for staying the operation of the impugned amendment and the consequential letter during the pendency of the present writ petition. Prayer in the second Civil Writ Petition No.11134 of 2025 filed under Article 226 of the Constitution of India is for seeking 9700 of 2023 alongwith connected cases 3 of the impugned amendment and all consequential actions taken Prayer in the second Civil Writ Petition No.12815 of 2025 filed under Article 226 of the Constitution of India is for seeking issuance of a writ in the nature of certiorari for quashing the (Annexure P-9) made to Clause 6(iii)(a) for the post of Warder (Male), whereby the maximum weightage under the age criterion has been . The petitioner alleges that the impugned amendment is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, besides being contrary dated 17.02.2025 (Annexure P- 13.02.2020 (Annexure P-8), and (Annexure P-5), wherein the award of under the age criterion was upheld. The petitioner also seeks e consequential letter dated 21.04.2025 (Annexure P- 10), whereby respondent No.2 directed respondent No.3 to carry out transfers of Warders (Male) on the basis of the aforesaid amendment, along with all consequential actions taken pursuant thereto. A further prayer has been made for staying the operation of the impugned amendment and the consequential letter during the pendency of the Prayer in the second Civil Writ Petition No.11134 of 2025 filed under Article 226 of the Constitution of India is for seeking VIJAY ASIJA 2026.07.21 10.24 I attest to the accuracy and integrity of this document issuance of a writ in the nature of No. 46/25/2020 respondent No.2 has amended Clause Policy, 2018 maximum weightage under the age criterion from points and by providing subject to a maximum of 30 points service. The impugned amendment is challenged on the ground that it is arbitrary, discriminatory, unreasonable and violative of the principles of natura scheme of the after due consideration of all relevant factors governing transfers. It is further pleaded that while the original policy continues to oper other departments of the State, the respondent Department has arbitrarily altered the criteria applicable to Warders (Male) without any rational basis. The petitioner consequently seeks quashing of the impugned amendment along with all consequential pursuant thereto. petitioners fairly submit that the present writ petitions have been rendered Online Transfer Policy, Online Transfer Policy, 2018 CWP-9700 of 2023 alongwith connected cases issuance of a writ in the nature of certiorari 46/25/2020-4JJ-II dated 09.04.2025 respondent No.2 has amended Clause 6(ii) Policy, 2018 applicable to the post of Warder (Male) maximum weightage under the age criterion from and by providing one point for each completed year of service, subject to a maximum of 30 points, under the criterion of length of service. The impugned amendment is challenged on the ground that it is arbitrary, discriminatory, unreasonable and violative of the principles of natural justice, besides being contrary to the object and scheme of the Online Transfer Policy, 2018 after due consideration of all relevant factors governing transfers. It is further pleaded that while the original policy continues to oper other departments of the State, the respondent Department has arbitrarily altered the criteria applicable to Warders (Male) without any rational basis. The petitioner consequently seeks quashing of the impugned amendment along with all consequential pursuant thereto. At the very outset, learned counsel appearing for the petitioners fairly submit that the present writ petitions have been rendered infructuous, as the challenge in all these petitions is to the Online Transfer Policy, 2018, which no longer holds the field. Learned State counsel, on instructions, submits that the Online Transfer Policy, 2018 stood superseded by the policy dated 9700 of 2023 alongwith connected cases 4 certiorari for quashing Letter/Order 09.04.2025 (Annexure P-10), whereby 6(ii) of the Online Transfer Warder (Male) by reducing the maximum weightage under the age criterion from 60 points to 30 for each completed year of service, , under the criterion of length of service. The impugned amendment is challenged on the ground that it is arbitrary, discriminatory, unreasonable and violative of the l justice, besides being contrary to the object and Online Transfer Policy, 2018, which was formulated after due consideration of all relevant factors governing transfers. It is further pleaded that while the original policy continues to operate in other departments of the State, the respondent Department has arbitrarily altered the criteria applicable to Warders (Male) without any rational basis. The petitioner consequently seeks quashing of the impugned amendment along with all consequential actions taken At the very outset, learned counsel appearing for the petitioners fairly submit that the present writ petitions have been , as the challenge in all these petitions is to the which no longer holds the field. Learned State counsel, on instructions, submits that the stood superseded by the policy dated VIJAY ASIJA 2026.07.21 10.24 I attest to the accuracy and integrity of this document 23.05.2025 the Model Online Transfer Po been handed over in Court and is taken on record. parties and the fact that the policy under challenge no longer survives, the present writ petitions have accordingly, stand disposed of. connected cases. July 20, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-9700 of 2023 alongwith connected cases 23.05.2025, which has subsequently been repealed and replaced by Model Online Transfer Policy, 2026. A copy of the said policy has been handed over in Court and is taken on record. In view of the fair stand taken by learned counsel for the parties and the fact that the policy under challenge no longer survives, the present writ petitions have been rendered accordingly, disposed of as such. Pending miscellaneous application(s), if any, shall also stand disposed of. A photocopy of this order be placed on the files of the connected cases. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 9700 of 2023 alongwith connected cases 5 , which has subsequently been repealed and replaced by . A copy of the said policy has been handed over in Court and is taken on record. In view of the fair stand taken by learned counsel for the parties and the fact that the policy under challenge no longer survives, been rendered infructuous and are, Pending miscellaneous application(s), if any, shall also A photocopy of this order be placed on the files of the ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.21 10.24 I attest to the accuracy and integrity of this document