JUDGMENT :

Jasgurpreet Singh Puri, J. (Oral)

The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 09.08.2024 (Annexure P-2), vide which the petitioner has been transferred from the office of XEN (OP) Division Pundri to the office of XEN (OP) Division Pehowa, which is contrary to the transfer policy dated 06.10.2004 (Annexure P-1) and the law laid down by a Division Bench of this Court in case of Dr. Dev Parkash Chugh versus State of Punjab and others, 2005 (4) SCT 726 with a further prayer to direct the respondents to allow the petitioner to continue at her present place of posting as Divisional Accountant (DA) as the petitioner is a patient of chronic disease i.e. Diabetes Mellitus, Celiac disease.

2. Learned counsel for the petitioner submitted that the petitioner is a lady and she is suffering from Diabetes Mellitus and Celiac disease and she is taking her treatment from Fortis Hospital, Mohali. He further submitted that the petitioner has been transferred vide impugned order dated 09.08.2024 (Annexure P-2) from the office of XEN (OP) Division Pundri to the office of XEN (OP) Division Pehowa and the distance between the aforesaid two places is about 30 kms. He further submitted that the petitioner is also having a minor child and also having matrimonial dispute and it will cause acute hardship to her due to the aforesaid transfer and therefore, considering her hardship the aforesaid transfer order (Annexure P-2) may be set aside.

3. After hearing learned counsel for the petitioner, this Court is of the considered view that the petitioner is only transferred by a distance of about 30 kms. As per the impugned order (Annexure P-2), transfer of the petitioner has been effected on the basis of administrative grounds. It is a settled law that the Courts would interfere in the transfer matters only when there is a mala fide being alleged and also when there is a violation of statutory provisions of law. Hon'ble Supreme Court in Sri Pubi Lombi versus The State of Arunachal Pradesh and others, Civil Appeal No. 4129 of 2024 (Arising out of Special Leave Petition (C) No. 22074 of 2023) dated 13.03.2024, held as under:-

4. In view of the aforesaid facts and circumstances, the present writ petition being devoid of any merit, is hereby dismissed.

5. Since the plea of the petitioner is with regard to her acute hardship due to the reasons mentioned by her, liberty is granted to the petitioner to file any comprehensive application/representation to the Managing Director of the respondent-Nigam giving all the details with regard to her hardship. In case any such application/representation is filed before the Managing Director of the respondent-Nigam, then the Managing Director shall consider the same in accordance with law with regard to the hardship being claimed by the petitioner due to the transfer and thereafter, shall pass an order within a period of 15 days and copy be also supplied to the petitioner after passing of the order.