DARSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is Superintendent Grade-II (Construction Division), Department of PWD (B&R), was transferred from Barnala to Ludhiana vide order dated 19.9.2005, Annexure P1. Respondent No. 3 who was posted at Ludhiana, was to replace him at Barnala.

(2.) It is order, Annexure P1, which has been sought to be quashed in this petition. The petitioner is due to retire on 31.3.2007 and as per the policy guidelines issued by the State of Punjab, Government employees who are due to retire within the next two years are expected to be accommodated at the same station of posting till retirement. His transfer, according to him, was ordered in violation of the policy decision of the government and it was also actuated by malafides of respondent No. 2, with a view to accommodate respondent No. 3.

(3.) The case of respondents Nos. 1 and 2 is that the petitioner was transferred and relieved as per the departmental procedure and with his consent. As such, he is not entitled to invoke the extraordinary jurisdiction of this court under Articles 226/227 of the Constitution of India. The additional stand of private respondent No. 3 is that he was accommodated, by way of transfer to Barnala, on his request, as his wife was suffering from acute cervical pain.