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2026 DAILYLAW 36883 (PNJ)

SUBHASH CHANDER v. STATE OF HARYANA AND OTHERS

CWP/27804/2026 · 2026-09-03

Harpreet Singh Brar

body2026

Judgment text

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1 CWP-27804-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114 CWP-27804-2026 Date of Decision: 03.09.2026 Subhash Chander .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Manoj Chahal, Advocate for the petitioner. Mr. Naveen Singh Panwar, DAG Haryana. HARPREET SINGH BRAR, J. (Oral) 1. The present writ petition has been filed under Article 226/227 of the Constitution of India seeking issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing respondents to transfer/deputation at any vacant station at Bhiwani as a special case having 70% Locomotive Disability and due to retire on 30.06.2027 (less than one year) being covered under the Teacher Transfer Policy (Annexure P-2) of respondent-department. 2. Before commencement of arguments, learned State Counsel, on instructions, fairly submits that the case of the petitioner shall be considered in terms of the Teacher Transfer Policy, 2026, implemented vide notification dated 25.06.2026. It is further submitted that the online transfer PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document 2 CWP-27804-2026 drive is likely to commence in the last week of September, 2026, and that the petitioner shall be given a period of three days to participate in the said transfer drive, as the petitioner, having 70% locomotor disability, falls within the Protected Category contemplated under Clause 3(f)(c) of the aforesaid Policy and shall accordingly be entitled to the benefits admissible to such protected category, including the benefit of additional marks in the transfer drive. 3. Clause 3(f) of the notification dated 25.06.2026 reads as under:- “f. Protected Category: shall include a. a teacher due for retirement on attaining the age of superannuation within 18 months from Qualifying Date of a drive of a cadre or b. a teacher undergoing treatment for cancer or undergoing dialysis or having undergone by-pass heart surgery (during last 2 years) or having undergone organ transplant; or c. a teacher having disability-70% and above (all kinds of disabilities as defined RPwD Act 2016); or d. a teacher who is a widow having the youngest child up to 10 years of age.” 4. Clause 6(iv) of the notification dated 25.06.2026 also reads as under:- PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document 3 CWP-27804-2026 “a. Thereafter, the consent for voluntary participation will be taken from those teachers falling under Voluntary Category protected category and those occupying non-core posts. b. The said teachers may be given a period of maximum three days to opt for voluntary participation. c. If teacher fails to exercise the option at this stage, the said teacher will not be considered for participation in ongoing transfer drive.” 5. Learned State Counsel further submits that the petitioner shall be given a period of three days to exercise the option for participation in the general transfer drive and shall be extended the benefit admissible to him under the applicable provisions of the Teacher Transfer Policy, 2026. 6. In view of the aforesaid statement made by learned State Counsel, the present petition is disposed of, with liberty to the petitioner to participate in the transfer drive. 7. Pending miscellaneous applications, if any, stand disposed of accordingly. (HARPREET SINGH BRAR) JUDGE 03.09.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document