Mahender Singh vs State of Haryana - 2022 Supreme(P&H) 2274

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2022 Supreme(P&H) 2274

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Mahender Singh – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant : Raman B. Garg
For the Respondents: Saurabh Girdhar, Nikita Goel, Naina Ranot

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned transfer order dated 10.08.2022 (Annexure P-6) being illegal on a different post of Building Inspector contrary to the appointment of the petitioner being on the post of Junior Engineer (Mechanical) and being outside the cadre of the petitioner by respondent No.2, who is not competent to transfer as per Rule 12 of the Haryana Municipal Corporation Employees (Recruitment and Conditions) Service Rules 1998 (in short ‘Service Rules of 1998’).

2. Learned counsel for the petitioner inter alia contends that the petitioner passed the Bachelor of Technology in Mechanical Engineering in First Division from Maharishi Dayanand University, Rohtak in May, 2008 as discernible from Annexure P-1. Thereafter, the petitioner passed a degree of M.Tech. in Mechanical Engineering and with specialization in Manufacturing Technology and Automation as discernible from Annexure P-2. On 17.06.2020, the petitioner was appointed as Junior Engineer (Mechanical) in Municipal Corporation, Faridabad as discerni