CWP-17338-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 143 RAM NIWAS YADAV STATE OF HARYANA AND CORAM: HON'BLE MR Present: Mr. for the petitioner Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed, quashing the order dated who is working as Principal, has been transferred from Government College for Girls, Gulha Cheeka District Palwal. 2. Learned counsel for the petitioner wife is working as Lecturer in Physical Administration P-18, female normally be transferred unless it is considered administrative station as far as possible. Accordingly, the petitioner transferred to a petitioner’s father s also suffering from age 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: RAM NIWAS YADAV Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Sajjan Singh, Advocate for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia the order dated 30.05.2025, Annexure P who is working as Principal, has been transferred from Government College Gulha Cheeka, District Kaithal, to Government College, District Palwal. Learned counsel for the petitioner wife is working as Lecturer in Physical Education Administration. As per Government instructions dated 18, female employees who are living with their husband normally be transferred unless it is considered grounds. Husband and wife station as far as possible. Accordingly, the petitioner transferred to a far away place at Palwal. It has also been contended that petitioner’s father suffered paralytic attack in April, 2025 suffering from age-related ailments. These facts, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17338-2025 Decided On: 01.07.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Mr. Harish Nain, Assistant Advocate General, Haryana. inter alia, seeking a writ of certiorari , Annexure P-12, whereby the petitioner, who is working as Principal, has been transferred from Government College to Government College, Hathin, Learned counsel for the petitioner contends that the petitioner’s Education with the Chandigarh Government instructions dated 26.09.1986, Annexure employees who are living with their husbands should not normally be transferred unless it is considered absolutely unavoidable on grounds. Husband and wife should be posted at the same station as far as possible. Accordingly, the petitioner should not have been place at Palwal. It has also been contended that the aralytic attack in April, 2025, and his mother is . These facts, however, have not certiorari , whereby the petitioner, who is working as Principal, has been transferred from Government College Hathin, contends that the petitioner’s with the Chandigarh , Annexure not avoidable on same should not have been the , and his mother is have not Aman Dua 2025.07.08 09:49 I attest to the accuracy and authenticity of this judicial document CWP-17338-2025 been considered by the respondent has further been contended that th issued in public interest; rather, it is an outcome of the complaint dated 01.07.2024, Annexure P petitioner has been unduly pressurising in the College despite another letter dated 09.05.2024, submitted by Professor (Physics), expressing her inability to continue as Internal Complaints Committee (ICC) of the College on account of distress. 3. Learned State counsel, however, contends that transfer order The petitioner is working on a transferrable post, and can be posted anywhere in the State. 4. Heard. 5. Undisputedly, the petitioner is working on a transferrable post, and has no right to remain posted at any particular station. dated 26.09.1986 entitle him to remain posted at District Kaithal view the interest of female employees living with their husbands and will have no application to the petitioner’s case the arguments that impugned 01.07.2024, submitted by the third respondent, who is working as Assistant Professor (Music Instrumental) of NSS. There is nothing on record established by 2025 -2- considered by the respondent Department in transferring the petitioner. It has further been contended that the impugned issued in public interest; rather, it is an outcome of the complaint dated , Annexure P-8, submitted by the third respondent petitioner has been unduly pressurising her, and has giv in the College despite conveying inability. A reference another letter dated 09.05.2024, submitted by Professor (Physics), expressing her inability to continue as Internal Complaints Committee (ICC) of the College on account of distress. Learned State counsel, however, contends that order has been passed in public interest on administration ground The petitioner is working on a transferrable post, and can be posted anywhere Heard. Undisputedly, the petitioner is working on a transferrable post, and has no right to remain posted at any particular station. 26.09.1986, relied upon by learned counsel for the petitioner, do not to remain posted at Government College for Girls, Gulha Cheeka, District Kaithal. The instructions, apparently, have been issued keep view the interest of female employees living with their husbands and will have no application to the petitioner’s case. Besides, the arguments that impugned order has been issued due to complaint dated , submitted by the third respondent, who is working as Assistant Professor (Music Instrumental), as it only conveys her inability to take charge ere is nothing on record, nor could any plausible connection be by the learned counsel between the said letter and the impugned Department in transferring the petitioner. It e impugned transfer order has not been issued in public interest; rather, it is an outcome of the complaint dated , submitted by the third respondent alleging that the and has given her charge of NSS A reference has also been made to another letter dated 09.05.2024, submitted by Ms. Priyanka Nain, Assistant Professor (Physics), expressing her inability to continue as Co-convenor of the Internal Complaints Committee (ICC) of the College on account of distress. Learned State counsel, however, contends that the impugned has been passed in public interest on administration grounds. The petitioner is working on a transferrable post, and can be posted anywhere Undisputedly, the petitioner is working on a transferrable post, and has no right to remain posted at any particular station. The instructions learned counsel for the petitioner, do not Government College for Girls, Gulha Cheeka, . The instructions, apparently, have been issued keeping in view the interest of female employees living with their husbands and will . Besides, there is no substance in order has been issued due to complaint dated , submitted by the third respondent, who is working as Assistant , as it only conveys her inability to take charge nor could any plausible connection be between the said letter and the impugned Department in transferring the petitioner. It has not been issued in public interest; rather, it is an outcome of the complaint dated alleging that the her charge of NSS to Ms. Priyanka Nain, Assistant the the impugned . The petitioner is working on a transferrable post, and can be posted anywhere Undisputedly, the petitioner is working on a transferrable post, The instructions learned counsel for the petitioner, do not Government College for Girls, Gulha Cheeka, in view the interest of female employees living with their husbands and will s no substance in order has been issued due to complaint dated , submitted by the third respondent, who is working as Assistant , as it only conveys her inability to take charge nor could any plausible connection be between the said letter and the impugned Aman Dua 2025.07.08 09:49 I attest to the accuracy and authenticity of this judicial document CWP-17338-2025 transfer order; passed by Additional Chief Secretary, Higher Education Department medical condition of the petitioner’s parents in itself can also not be a ground to seek cancellation of the impugned transfer order 6. In view thereof, petition and it stands dismissed 01.07.2025 Ad Whether speaking/reasoned? Whether reportable? 2025 -3- the letter was addressed to the petitioner passed by Additional Chief Secretary, Higher Education Department medical condition of the petitioner’s parents in itself can also not be a ground to seek cancellation of the impugned transfer order In view thereof, there is no ground to entertain the present petition and it stands dismissed in limine. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? to the petitioner, whereas the order was passed by Additional Chief Secretary, Higher Education Department. Further, medical condition of the petitioner’s parents in itself can also not be a ground to seek cancellation of the impugned transfer order in the facts of the case. there is no ground to entertain the present TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No the order was Further, medical condition of the petitioner’s parents in itself can also not be a ground there is no ground to entertain the present Aman Dua 2025.07.08 09:49 I attest to the accuracy and authenticity of this judicial document