ROSHAN LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The challenge in this petition is to an order transferring the petitioner from the office of the General Manager, Haryana Roadways, Kurukshetra to the office of the General Manager, Haryana Roadways, Nuh (Mewat). The petitioner holds the post of Chief Inspector. He states that he is due to retire on reaching the age of superannuation on 30.06.2014. Since he is nearing retirement he prays that the Court interferes in the transfer, citing the guidelines of transfer issued by the Haryana Government through the Circular dated 07.04.1989, and two others that followed.

(2.) Mr. S.S. Dinarpur, learned counsel for the petitioner has argued with great vehemence while relying on a division bench decision of this Court in Dr. Dev Parkash Chugh v. State of Punjab and others, 2005 4 SCT 726, to contend that once the State frames policy it cannot plead that the same is not mandatory. The Government can deviate from the terms of the policy only for sufficient reasons to be recorded or in the paramount public interest and if no valid and acceptable reason is recorded, the transfer order cannot be sustained.

(3.) A reading of the afore-mentioned judgment shows that the Court was interpreting the transfer policy of the State of Punjab notified on 20.04.2005. Clause 2(b) of the policy dated 20.04.2005 reads as follows:-