The action of the authorities in deputing, deploying, or repatriating employees working in one wing to the other wing, and vice versa, is unsustainable in law and on facts on grounds more than one.

JUDGMENT

Sanjay Kumar, J. - Grievances of the petitioners in these cases being on similar lines and directed against the same authorities, these writ petitions are amenable to final disposal by way of this common order.

CWP-17718-2020

2. The petitioners are 10 in number. 06 of them are Transport Sub-Inspectors and the other 04 are Transport Inspectors in the Regional Transport Authorities (RTAs) at various locations in the State of Haryana. They assail the order dated 17.10.2020 passed by the Transport Commissioner, Haryana, whereby they, along with others, were deployed/ deputed in the offices of the General Managers of Haryana Roadways at the same locations for a period of one year. They also assail another order dated 17.10.2020 passed by the Transport Commissioner, Haryana, deploying Clerks from the offices of the General Managers of Haryana Roadways at various locations against their vacant posts of Transport Inspectors and Transport Sub-Inspectors at the RTAs at the same or other locations and also the office of the Transport Commissioner, Haryana.

3. By order dated 27.10.2020, this Court stayed the operation of both the impugned orders dated 17.10.2020. Out of the Clerks deployed at the RTAs, vide the second impugned order, 12 have been impleaded as respondent Nos.4 to 15. Despite service of notice, none of these respondents, except respondent No.10, chose to enter appearance before this Court and oppose the petitioners' prayer. Ms. Mehak Sawhney, learned counsel for respondent No.10, would state that her client also does not wish to contest the matter and would abide by the decision of this Court.

CWP-18302-2020

4. The petitioners are 13 in number. 03 of them are Transport Inspectors and the remaining 10 are Transport Sub-Inspectors. They assail the order dated 19.10.2020 passed by the Transport Commissioner, Haryana, whereby they, along with others, were deployed/deputed from the present place of posting, viz., RTAs at different locations in the State of Haryana, to the offices of the General Managers of Haryana Roadways at the same locations. They also assail the order dated 20.10.2020 passed by the Transport Commissioner, Haryana, deploying Clerks from the offices of the General Managers of Haryana Roadways at various locations in the State of Haryana to the vacant posts of Transport Inspector/Assistant or Transport Sub-Inspector/Clerk at the RTAs, mostly at the same locations.

5. By order dated 04.11.2020, this Court noted the contention of the learned Advocate General, Haryana, based on instructions, that the petitioners had already been relieved and had joined the department where they had been sent on deputation and the assertion to the contrary made by Mr. Vikas Bahl, learned senior counsel for the petitioners, and made it clear that in case the petitioners had not been relieved and/or had not joined the department where they had been sent on deputation, status quo existing as on that date should be maintained. Out of the Clerks deployed at the RTAs, under the impugned order dated 20.10.2020, 22 have been impleaded as respondent Nos.4 to 25. Despite service of notice, none of them entered appearance before this Court.

CWP-18313-2020

6. The petitioners are 09 in number. They are Assistant Secretaries at various RTAs in the State of Haryana. They assail the order dated 17.10.2020 passed by the Transport Commissioner, Haryana, whereby they, along with other Assistant Secretaries, were deployed in the office of the Director, State Transport, Haryana, for a period of one year. They also assail the order dated 26/27.10.2020 passed by the Director, State Transport, Haryana, posting/adjusting 12 of the 14 Assistant Secretaries mentioned in the order dated 17.10.2020 against vacancies in the Establishment Branches and the Offices of the General Managers of Haryana Roadways at the named locations. Interim relief was granted in this writ petition on 04.11.2020 on the same terms as in CWP-18302-2020.

CWP-18045-2020

7. The petitio