IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

201 CWP-28076-2025 (O&M)

Date of Decision: 16.01.2026 INDERPAL ….PETITIONER(S)

VERSUS STATE OF HARYANA AND OTHERS ….RESPONDENT(S)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sunil K. Nehra, Sr. Advocate with Mr. Karan Ranjha, Advocate for the petitioner (through hybrid mode)

Mr. Rahul Dev Singh, Addl. A.G., Haryana.

SANDEEP MOUDGIL, J. (ORAL)

CM-17345-CWP-2025 The instant application has been filed under Section 151 CPC for placing on record replication to the written statement filed by respondents No.1 to 3 along with Annexure P-6.

For the reasons stated in the application, the same is allowed and replication to the written statement filed by respondents No.1 to 3 along with Annexure P-6 is taken on record.

CM stands disposed of.

Main Case 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 transfer order dated 28.08.2025 (Annexure P-3) and impugned transfer order dated 15.09.2025 (Annexure P-4) being issued in violation of Online Transfer Policy dated 14.05.2020 (Annexure P-1) with further direction to the respondents to allow the petitioner to complete his tenure of posting at Provincial Sub Division No.1, Ambala under Provincial Division No.II, Ambala as per the Online Transfer Policy.

Facts The petitioner was appointed as Junior Engineer in the respondent Department in the year 2007. The respondent Department issued an online transfer policy dated 14.05.2020, which provides that the normal tenure of an employee at any office or place of posting shall be five years. In accordance with this policy, the petitioner was transferred to Provincial Division No. II, Ambala, vide order dated 07.03.2023. Subsequently, the petitioner was transferred to Kurukshetra prior to completing the minimum tenure, vide order dated 28.08.2025. Further, vide order dated 15.09.2025, the petitioner was transferred again and posted at Palwal, which occurred 18 days after the previous transfer. The petitioner states that no disciplinary proceedings or other proceedings are pending against him. The petitioner seeks production of the complete file relating to these transfer orders to ascertain the basis and authority under which these transfers were effected.

Contention On behalf of the petitioner It is submitted that the petitioner was appointed as Junior Engineer in the respondent Department in 2007 and, as per the online transfer policy dated 14.05.2020 (Annexure P-1), the normal tenure of an employee at any office or place of posting is five years. It is submitted that the petitioner was initially transferred to Provincial Division No. II, Ambala, vide order dated 07.03.2023 (Annexure P-2) in accordance with the policy. However, the petitioner was subsequently transferred to Kurukshetra vide order dated 28.08.2025 (Annexure P-3), prior to completing the minimum tenure of five years at the previous posting. It is submitted that the petitioner was again transferred to Palwal vide order dated 15.09.2025 (Annexure P-4), only 18 days after the previous transfer, which is contrary to the transfer policy and amounts to frequent transfers without any justification. It is submitted that no disciplinary proceedings or other adverse proceedings are pending against the petitioner, and there is no basis recorded in the transfer orders for curtailing the minimum tenure. It is submitted that the repeated transfers appear arbitrary and may be intended to inconvenience or prejudice the petitioner, and therefore violate the principles of fairness and administrative propriety.

On behalf of the State Learned State counsel submits that the writ petition is not maintainable as transfer is an incidence of service and does not confer any vested right upon the petitioner to remain posted at a particular place. It is well settled by a catena of judgments of the Hon’ble Supreme Court and High Courts t