1 CWP-23108-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 CWP-23108-2026 Date of Decision: 28.07.2026 Ashok Kumar .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Arvind Kumar Chauhan, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. AG Haryana-State. HARPREET SINGH BRAR, J. (Oral) 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of certiorari for quashing the impugned order dated 16.03.2026 (Annexure P-12) issued by respondent No.4, whereby petitioner has been illegally and arbitrarily transferred in PM Shri Government Senior Secondary School, Lodhar, Block-Uchana, District Jind, instead of his original place of posting and further petitioner is also directed to participate compulsorily in the transfer drive in accordance with new transfer policy, by ignoring the provisions contained in allotment order dated 03.11.2022 (Annexure P-2) and provisions of Government Model Sanskriti & PM Shri PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 2 CWP-23108-2026 School Teacher’s Employment Policy-2025 (Annexure P-13) in an illegal and unjust manner. Further praying for issuance of a writ in the nature of mandamus commanding respondents to adjust/transfer the petitioner in his original place of posting i.e. Government Model Sanskriti Senior Secondary School, Defence Colony, in accordance with provisions contained in allotment order (Annexure P-2) and provisions of Deployment Policy (Annexure P-13) and to decide the legal notice dated 02.04.2026 (Annexure P-14) by passing a speaking order within a stipulated period. 2. Learned counsel for the petitioner, inter alia, contends that the petitioner was compelled to participate in the transfer drive initiated by the department, despite the fact that he had neither completed the prescribed minimum tenure of three years at his original place of posting nor exercised any option to exit from the Government Model Sanskriti School. It is submitted that the petitioner was selected and appointed as a screened candidate under the Government Model Sanskriti School Scheme and, therefore, his service conditions are governed by the provisions of the Government Model Sanskriti & PM Shri School Teacher's Deployment Policy-2025 (Annexure P-13). Learned counsel further submits that under the aforesaid Policy, a screened teacher is entitled to protection from transfer for a period of ten years, subject to the terms and conditions contained therein, and, therefore, the impugned action directing the petitioner to participate in the transfer drive is wholly arbitrary, contrary to the governing policy and unsustainable in law. It is further contended that the impugned PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 3 CWP-23108-2026 transfer order has been issued in complete disregard of the allotment order dated 03.11.2022 (Annexure P-2) as well as the provisions of the Deployment Policy (Annexure P-13), thereby adversely affecting the petitioner's vested rights. However, at this stage, learned counsel for the petitioner submits that he would be satisfied if the present writ petition is disposed of with a direction to respondent No.3/competent authority to consider and decide the legal notice dated 02.04.2026 (Annexure P-14) by passing a reasoned and speaking order, after taking into consideration the allotment order dated 03.11.2022 (Annexure P-2), the provisions of the Government Model Sanskriti & PM Shri School Teacher's Deployment Policy-2025 (Annexure P-13) and all other relevant rules and instructions applicable to the petitioner's case, within a time-bound period. 3. On advance notice, learned State counsel accepts notice on behalf of the respondents and submits that he has no objection if a direction is issued to respondent No.3/competent authority to consider and decide the legal notice dated 02.04.2026 (Annexure P-14) by passing a reasoned and speaking order, strictly in accordance with law and after examining the petitioner's claim in the light of the applicable statutory provisions, policy instructions and the relevant record, within a stipulated period. He, however, submits that the respondents shall be at liberty to take an appropriate decision on the petitioner's claim in accordance with law. 4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the rival PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 4 CWP-23108-2026 claims of the parties, the present writ petition is disposed of with a direction to respondent No.3/competent authority to consider and decide the legal notice dated 02.04.2026 (Annexure P-14) by passing a reasoned and speaking order, after considering the allotment order dated 03.11.2022 (Annexure P-2), the provisions of the Government Model Sanskriti & PM Shri School Teacher's Deployment Policy-2025 (Annexure P-13) and all other relevant rules and instructions governing the field, strictly in accordance with law, within a period of three months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the petitioner forthwith. 5. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted forthwith by respondent/competent authority. 6. Pending miscellaneous application(s), if any, shall also stands disposed of. (HARPREET SINGH BRAR) JUDGE 28.07.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document