SUSHILA KUMARI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has invoked extraordinary writ jurisdiction of this Court for seeking two-fold relief i.e. to quash impugned order dated 7.8.2018 (Annexure P-5) whereby petitioner has been ordered to be transferred from Govt. College for Girls, Sector 14, Gurugram to Govt. College for Women, Rewari and payment of full salary as admissible to post of Principal from the date of discharging duties on current duty charge including release of arrears.

(2.) Petitioner, according to averment made in writ petition, on 18.12.1986 joined as Lecturer in Higher Education Department, Haryana on recommendation of Haryana Public Service Commission. On 31.03.2017 (Annexure P-2), petitioner was given current duty charge of Principal being senior most Associate Professor.

(3.) Mr. R.K. Malik, Senior Advocate assisted by Mr. Sandeep Dhull appearing for petitioner submitted that as per Policy dated 7.8.2018, a person cannot be transferred prior to three years and within one year of retirement. Though petitioner has retired, he does not press for first relief but insists second relief, on the premise that it is settled law that a person, who discharged full-fledged duties of higher post, is entitled to salary meant for said post. In support of contention, relies upon Full Bench judgment of this Court rendered in Subhash Chander Vs. State of Haryana and others, 2012 165 PunLR 778 and Division Bench judgment rendered in Balbir Singh Dalal and others Vs. State of Haryana and another, 2002 4 SCT 422.