PARVEEN KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India has been filed by the petitioner seeking quashing of the order dated 15.05.2007 (Annexure P-1) whereby the petitioner who is working as a revenue patwari has been transferred from the Revenue Circle Sarangdev to Fattu Bhila.

(2.) The petitioner was appointed as Patwari in the revenue department on 21.7.1992 and has been working continuously as such till date without any break. He was transferred from Patwar Circle Kamal Pura to Sarangdev, Tehsil Ajnala vide order dated 31.5.2006. Since then he had been working at Sarangdev. Thereafter, in terms of the impugned order dated 15.05.2007 (Annexure P-1) he was transferred from Sarangdev to Fattu Bhila, Tehsil Ajnala within about one year of his earlier transfer. It is submitted that the petitioner was serving at Sarangdev, which is very near to his place of residence and now in pursuance of the impugned order, he has been transferred to Fattu Bhila which is about 65 kms from his residence. He had in fact been posted at Sarangdev only in end of May, 2006 i.e. only about a year earlier to his transfer. Besides, the case of the petitioner is covered under the category of couple cases. A reference has been made to the Certificate dated 10.01.2008 (Annexure P2) issued by the Principal, All Saints Convent School (affiliated to I.C.S.E., New Delhi) Catholic Centre, Ajnala, District Amritsar. The Certificate is to the effect that Smt. Chandan Prabha daughter of Mr. Kharaiti Lal wife of Mr. Parveen Kumar (petitioner) is a teacher in the said school from 10.12.2001.

(3.) It is submitted by the learned Counsel for the petitioner that being a couple case, the petitioner is liable to be posted at a place near the place where both the husband and the wife can live together. A reference has been made to the instructions dated 13.04.2007 (Annexure P-3) in this regard and it is submitted that in case of couples it was desired to keep them at one station for a period of not more than five years. In terms of the said policy, it is also provided that before considering terms and proposals, every transferring authority must ensure that he has the list of couple cases along with their present postings and also request for preferential places. In view of the transfer order dated 15.05.2007 (Annexure P-1), the said instructions, it is alleged, have been infringed. It is submitted that the respondents failed to call for option from the petitioner as regards his preferential place of posting nor the fact that his wife is serving as a Teacher in a school at Ajnala been taken into consideration. The petitioner would now in view of the transfer be serving at a distance of 65 kms from his residence whereas, his wife is serving at another place. Therefore, he is required to travel approximately 130 kms daily to serve at the place of his posting which has now been ordered. It is also alleged that the transfer of the petitioner is politically motivated and a pre-planned transfer. The respondents had transferred the petitioner twice in a year and that too to at such a far off place without even considering the guidelines, issued by the respondents themselves for the postings and transfers of its employees. It is also submitted that the petitioner has lost his father and brother and that his old mother is dependent on him as there is no other male member in the family to look after her at this old age. It is submitted that the instructions dated 13.04.2005 (Annexure P-3) inter alia enjoin that in case where both husband and wife are in Government service, it is desirable to keep the couple at one station for a period of not more than five years and thereafter, he/she should be transferred as per policy. Even, in case, where the wife is in Government service and husband is under a private employment, the same attitude may be adopted. It is submitted that the spirit of the said instructions are liable to be followed even where the husband is in Government service and the wife is working as a Teacher in a private school.