MUKHWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed seeking quashing of the orders dated 31.05.2007 (Annexure P-1) and 22.11.2007 (Annexure P-2) insofar as the petitioner has been transferred from Village Gujjarpura to the post of Assistant Office Kanungo at Ajnala then as Assistant Office Kanungo, Baba Bakala.

(2.) Heard counsel for the parties.

(3.) The petitioner Mukhwinder Singh was appointed as Patwari on 10.10.2003. He was transferred for Gujjarpur to the post of Assistant Kanungo, Ajnala vide order dated 31.5.2007 (Annexure P-1). His name figured at Serial No. 49 in the said order of transfer. Thereafter, the petitioner on 22.11.2007 (Annexure P- 2) was transferred from the post of Assistant Officer Kanungo, Ajnala to that of Assistant Officer Kanungo, Baba Bakala within six months of the earlier transfer order. Baba Bakala is at a distance of 65 Kms from the residence of the petitioner. The petitioner is a handicapped person and is suffering from post Polio Paralysis of both lower limbs and his disability has been assessed as 60%. The petitioner has placed on record the Certificate dated 23.02.1988 (Annexure P-3) issued by the Office of Civil Surgeon Amritsar wherein it is recorded that the petitioner is a case of post Polio Paralysis of both lower limbs and his disability is of 60%. For going to the place of his posting he has to change three buses. Besides, Smt. Kulwinder Kaur wife of the petitioner is serving as ETT Teacher at Government Elementary School, Nangal Amb, Block Ajnala, District Amritsar. She is also stated to be disabled with disability of 40% in the lower limb. Therefore, the petitioner, it is stated, is covered by the guidelines dated 13.04.2007 (Annexure P-7) relating to the posting of couples at a convenient and preferential station.