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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.14894 of 2026 (O&M)
Date of decision: 14.07.2026
Suman Lata
…Petitioner
Versus
State of Punjab and others
…Respondents
CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI
Present :- Mr. Sameer Sachdeva, Advocate
for the petitioner.
Mr. Sahil Bakshi, Sr. Addl. AG, Punjab, for respondents No.1 & 2.
Mr. D.S. Patwalia, Senior Advocate with
Ms. Priyanka Chaudhary, Advocate
for respondent No.3.
***** KULDEEP TIWARI, J. (Oral)
1.
The petitioner had filed the instant petition under Article 226/227 of the Constitution of India, seeking issuance of an appropriate writ, challenging the impugned transfer order dated 08.05.2026 (Annexure P-3) whereby the petitioner was ordered to be transferred from Government Girls College, Ludhiana, to Government College, Jagroan, on the principal ground that the petitioner is on the verge of retirement and is due to attain the age of superannuation on 28.02.2027.
2.
At the time of issuance of notice of motion, learned counsel for the petitioner raised various contentions challenging the impugned transfer order, which were duly recorded by the Co-ordinate Bench, in its SEEMA SHARMA 2026.07.17 11:57 I attest to the accuracy and authenticity of this
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order dated 13.05.2026, which are reproduced hereinafter:-
“The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, seeking issuance of an appropriate writ, order or direction against the impugned order dated 08.05.2026 (Annexure P-3), whereby the petitioner has been transferred from Govt. College of Girls, Ludhiana to Govt. College, Jagraon.
Learned counsel for the petitioner submits that the petitioner is due to retire on 28.02.2027 and now at a fag end of her service career, she has been ordered to be transferred from Govt. College of Girls, Ludhiana to Govt. College, Jagraon despite the fact that the petitioner developed the Govt. College of Girls, Ludhiana as an eminent college in the region by obtaining the highest NAAC Score of 3.22 and the NAAC Accreditation. He further submits that during her tenure, the students strength of the college increased from 3000 to 4000 in span of 2 to 3 years and recently, on Republic Day Function of the State on 26.01.2026, the Punjab Govt. conferred the certificate of honour on the petitioner for her ardent efforts in promoting the standard and quality of education in the college. He further submits that the impugned transfer
order is against the Transfer Policy dated 23.04.2018(Annexure P-4). Notice of motion. Mr. Satnampreet Singh Chauhan, D.A.G., Punjab accepts notice on behalf of respondents No.1 & 2 and seeks time to file reply. Let notice be issued to respondent No.3, returnable on13.07.2026.
Operation of impugned order dated 08.05.2026 SEEMA SHARMA 2026.07.17 11:57 I attest to the accuracy and authenticity of this
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(AnnexureP-3) qua the petitioner, shall remain stayed till the next date of hearing.”
On the basis of afore-said submissions, the Co-ordinate Bench stayed the operation of the impugned the transfer order.
3.
Upon issuance of notice, respondent No.3 filed the application bearing CM-8709-CWP of 2026, seeking vacation of the interim order on the ground that it was obtained by placing factually incorrect statements before this Court. The Co-ordinate Bench of this Court, vide its order dated 25.05.2026, issued notice in the said application, which is pending adjudication.
4.
Today, both the application seeking vacation of interim stay (supra) and the main writ petition are taken up together for final adjudication.
5.
Learned Senior counsel representing for respondent No.3 vehemently opposed the prayer made by learned counsel for the petitioner reiterating that the interim stay was anchored on misrepresentation. He further submitted that the impugned transfer order was passed on the basis of administrative exigencies and, therefore, warrants no judicial interference.
6.
Be that as it may, the fact of the matter, which is not disputed either by learned Senior Counsel for respondent No. 3 or by learned counsel for the State, is that the petitioner is set to retire on 28.02.2027 and is in the last year of her service. Transferring her at this juncture would not only disrupt the administrative stability required for processing her retrial SEEMA SHARMA 2026.07.17 11:57 I attest to the accuracy and authenticity of this
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benefits and pension paper but would also trigger an unwarranted lis pendens imbalance.
7.
Though the impugned decision may have been taken by the competent authorities under the canopy of administrative exigencies, however, the impending superannuation of the petitioner appears to have escaped due consideration. Consequently, the impugned order requires modification to meet the ends of justice.
8.
Since the decision has been taken in order to ensure the smooth functioning of the College, this Court is of the view that the ends of justice would be served if the impugned order (Annexure P-3) is ordered to be kept in abeyance, qua the petitioner and respondent No. 3, till
28.02.2027. Thereupon, in terms of the impugned transfer order, respondent No. 3 shall be allowed to join at the place of posting.
9.
With these observations, the present petition is disposed of.
10.
The pending application, if any, also stand disposed of accordingly.
(KULDEEP TIWARI) 14.07.2026
JUDGE seema Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
SEEMA SHARMA 2026.07.17 11:57 I attest to the accuracy and authenticity of this
order/judgment