STATE OF PUNJAB Vs. BALJIT KAUR

JUDGEMENT

(1.) This is defendants, second appeal against whom a suit for declaration was dismissed by the trial Court but decreed in appeal.

(2.) The plaintiff was employed as Sub Divisional Clerk in the Public Works Department (B & R) Branch. She was posted at Amritsar Circle under the Superintending Engineer defendant No 2. Vide order dated 22.10.1974, she was ordered to be transferred as Sub Divisional Clerk to the National Highways Circle, Amritsar. She filed a suit for declaration to the effect that the said order of transfer was unconstitutional. illegal and ultra vires of the powers of defendant No. 2. According to the plaintiff, the impugned order tantamounts to termination of her services as the Superintending Engineer, National Highways, had refused to accept her in his service. Moreover, defendant No. 2 had no authority or jurisdiction over the National Highways Circle and, therefore, the Superintending Engineer, National Highways was not subordinate to him. The suit was contested inter alia, on the grounds that the transfer of the employee was absolutely an administrative matter and was not justiciable in Civil Court.

(3.) The trial Court found that the rules applicable to the plaintiff do provide for her transfer from one circle to another. Moreover, the plaintiff had failed to show that any of her civil rights had been infringed by the impugned order. Consequently, the plaintiffs suit was dismissed. In appeal, the Additional District Judge, reversed the said findings of the trial Court and came to the conclusion that no doubt, the transfer of an employee was an incident of service and it did not infringe any civil right. It further concluded that however, no rule of service had been produced to show if the Superintending Engineer, P.W.D. (B&R) Amritsar Circle could transfer any of his employees to another circle like National Highways Circle of the same department. In view of that finding, the plaintiff's suit was decreed.