JUDGMENT :

HARPREET SINGH BRAR, J. 

1. This common judgment shall dispose of both the aforementioned petitions. However, for the sake of brevity, the facts are taken from CWP-9061-2026.

2. This is a Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned transfer order dated 17.03.2026 (Annexure P-8), whereby the petitioner has been transferred from District Red Cross Branch, Faridabad to District Red Cross Branch, Ambala with additional charge of District Panchkula, as well as the relieving order dated 19.03.2026 (Annexure P-10). Additionally or in the alternative, a prayer is made for issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to continue at his present place of posting i.e. Faridabad or at any nearby station commensurate with his cadre and service conditions. Further, a prayer is made for issuance of a writ in the nature of mandamus directing the respondents to consider and decide the representations dated 23.02.2026 and 14.03.2026 (Annexure P-7 colly).

CONTENTIONS

3. Learned counsel for the petitioner inter alia contends that the petitioner was appointed as District Training Officer (DTO) on 14.06.2017 by the Indian Red Cross Society and St. John Ambulance (India), Haryana State Branch, at District Branch, Faridabad. Since his appointment, the petitioner has maintained an unblemished service record. However, the petitioner has been subjected to the repeated transfers within a short span of time, as is evident from transfer orders dated 15.11.2021 (Annexure P-2), 05.01.2022 (Annexure P-3), 23.03.2023 (Annexure P-4), 07.03.2024, (Annexure P-5) and 10.02.2025 (Annexure P-6), reflecting arbitrariness and lack of administrative consistency.

4. Aggrieved by the same, the petitioner submitted multiple representations (Annexure P-7 colly) highlighting the absence of administrative exigency for such transfers and the serious personal hardships caused by it. However, without considering the same, the respondent issued the impugned transfer order (Annexure P-8) and relieved the petitioner from his charge in District Jhajjar Branch vide letter dated 19.03.2026 (Annexure P-10), in undue haste. As a matter of fact, as per the Rules of the Indian Red Cross Society, the post held by the petitioner is a district cadre post and therefore, he cannot be transferred beyond the district without his consent.

5. Learned counsel for the petitioner relies upon the judgments rendered by respective Constitution Benches of the Hon’ble Supreme Court in Ajay Hasia vs. Khalid Majib Sehravardi (1981) 1 SCC 722 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2022) 5 SCC 111 to contend that the respondent-Indian Red Cross Society is amenable to writ jurisdiction as per the criteria as culled out by the Hon’ble Apex Court. Not only does the respondent-Society serve functions of public welfare but it also has the Worthy Governor of the State of Haryana at the helm of the affairs as the Society’s President. Further still, the relevant Rules have been framed under Section 5 of the Indian Red Cross Society Act, 1920, and as such, this Court is fully competent to intervene in the frequent transfers as the petitioner under its writ jurisdiction. The petitioner has been subjected to undue hardships without there being any administrative exigency. Moreover, the petitioner has been subjected to hostile discrimination whereas identical circumstance employees remain posted in the same district during the entirety of their tenure, without ever having been transferred. As such, the conduct of the respondents is ripe with arbitrariness and mala fide.

6. Notion of motion.

7. Mr. Shireesh Gupta, Advocate has put in appearance, through hybrid mode, on behalf of respondents No.1 and 2 in CWP-9061-2026 and on behalf of respondent No.1 in CWP-9240-2026 and has filed separate Vakalatnama(s), which are taken on record.

8. Pe