JEET SINGH KHURANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order of mine shall dispose of the main writ petition No. 13033 of 1991 as well as C.M. No. 9912 of 1995 filed by the State of Haryana for vacating the ex -parte stay order granted by this Court at the time of motion hearing.

(2.) COUNSEL for the parties are agreed that the main writ petition be disposed of along with the Civil Misc. application.

(3.) STATE of Haryana filed C.M. No. 9912 of 1995 seeking vacation of the ex parte stay order granted by this Court at the time of motion hearing and for disposal of the writ petition. It has been argued by the counsel for the State of Haryana that Director, Local Bodies, Haryana who is Head of the Department had the competency to transfer the employees of one Municipal Committee from one district to a Municipal Committee of another district. In support of this argument, reliance has been placed upon a Division Bench judgment of this Court in Mool Chand Chhabra v. State of Haryana and Ors., C.W.P. No. 11103 of 1993 decided on January 25,1994, [reported as - Editor]. I have perused the judgment in Mool Chand Chhabra's case (supra) and find substance in the submission made by the counsel for the respondent -State. It has been held in this case that the Director, Local Bodies Haryana, had the jurisdiction to transfer employees of one Municipal Committee from one District to a Municipal Committee of another district. It was further observed that the transfers would not effect, the seniority of the employees in their parent districts.