JUDGMENT :

Mahabir Singh Sindhu, J.

Present petition has been filed under Article 226 of the Constitution, inter alia, for issuance of a writ in the nature of Certiorari/Mandamus for quashing the impugned order dated 08.11.2024 (P-2) whereby petitioner has been transferred to Chemistry Division, Regional Forensic Science Laboratory, Moginand, Panchkula (for short 'RFSL, Panchkula') & order dated 11.12.2024 (P-12) whereby representation dated 28.11.2024 (P-11) filed by petitioner was dismissed.

2. Brief facts of the case are that petitioner joined the respondent-department as Scientific Assistant Chemistry on 02.09.2011. After a few years of service, she was promoted as Senior Scientific Assistant and lastly, promoted as Senior Scientific Officer vide order dated 21.08.2024. Thereafter, petitioner submitted representation dated 16.10.2024 (P-1) and requested not to transfer her from Forensic Science Laboratory Madhuban, Karnal (for short 'FSL, Karnal') but ignoring the same, she was transferred to RFSL, Panchkula vide impugned order dated 08.11.2024.

3. Contends that petitioner is facing great hardship inasmuch as her husband, who is posted at Sugar Mill (Karnal) and her mother-in-law, has serious medical complications. Further contends that petitioner is also suffering from depression and neck problem. Lastly contends that there are other colleagues of the petitioner who could be adjusted at RFSL, Panchkula, but the petitioner has been singled out without any justification.

4. Notice of motion.

5. At this stage, Ms. Palika Monga, learned DAG, Haryana accepts notice on behalf of respondents No. 1 to 3 and while opposing the prayer, submits that on account of the promotion of the petitioner, she has been transferred at present place i.e. RFSL, Panchkula and there is an acute shortage of staff in this laboratory; thus, petitioner being the most appropriate person has been deputed to perform the assigned task. Further submits that petitioner cannot claim as matter of right to be posted at place of her choice; especially in view of the fact that since initial appointment, petitioner remained posted at FSL, Karnal.

6. Heard learned counsel for the parties and perused the paper-book.

7. There is no quarrel that transfer is a condition of service and no employee can insist to be posted at a particular place of his/her choice. Apart that, on an earlier occasion also, petitioner filed writ petition bearing No. CWP-30812-2024 (P-10) and while disposing of the same on 21.11.2024, she was granted liberty to approach the quarter concerned for redressal of her grievance. In pursuance of aforesaid order, petitioner submitted representation on 28.11.2024 (P-11) which has been re-considered by the competent authority, but the same has been declined vide order impugned dated 11.12.2024 (P-12).

8. While dealing with a similar controversy, Hon'ble the Supreme Court in Shilpi Bose (Mrs.) and others Vs. State of Bihar and others, 1991 Supp (2) SCC 659 held as under:-

"4. In our opinion, the Courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department. If the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the Administration which would not be conducive to public interest. The High Court over looked these aspects in inte