IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I. CWP-18321-2024 (O&M)

BABITA KAUSHAL . . . .PETITIONER Vs.

CHAIRMAN, PUNJAB GRAMIN BANK AND OTHERS . . . . RESPONDENTS II. CWP-12146-2024 (O&M)

BABITA KAUSHAL . . . .PETITIONER Vs.

CHAIRMAN, PUNJAB GRAMIN BANK AND OTHERS . . . . RESPONDENTS Reserved on:14.02.2025 Pronounced on: 21.02.2025 CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. Rishabh Gupta, Advocate, for the petitioner.

Mr. Saurav Verma and Ms. Preeti Grover, Advocates, for the respondents.

DEEPAK GUPTA, J.

This order shall dispose of two Writ Petitions titled above, both filed by same petitioner against her employer-respondents.

2.1 By way of CWP-12146-2024, petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 18.04.2024 (Annexure P-1), whereby she has been transferred from Hoshiarpur to Shri Har Gobindpur, District Gurdaspur.

2.2 In CWP-18321-2024, prayer made by the petitioner is for issuance of a writ in the nature of certiorari for quashing of order/letter dated 27.05.2024 (Annexure P-7) and other subsequent letters, whereby she has been ordered to be retired voluntarily from her post, although petitioner had earlier moved a letter dated 28.05.2024 (Annexure P8) for withdrawing her VRS request.

3. Petitioner is Scale-I officer in the respondent-Bank. She was posted at Model Town Branch, Hoshiarpur, when she was transferred vide administrative order dated 18.04.2024 of the respondents from Hoshiarpur to Shri Har Gobindpur, District Gurdaspur. However, vide her application (Annexure R-2 in CWP-12146-2024) dated 20.04.2024, petitioner applied for voluntary retirement [in short ‘VRS’] on medical grounds.

4. While filing CWP-12146-2024 on 17.05.2024, it is contended by the petitioner that on account of her medical condition, she had applied for medical leave on 20.04.2024 and further made representation to re- consider her case of transfer. As her request was not acceded to, she filed this petition seeking quashing of the transfer order dated 18.04.2024 by submitting that said order is in violation of the Transfer Policy, 2023 (Annexure P-4) as petitioner had been transferred in the last year of her service. The contention of learned counsel for the petitioner is that petitioner is due to retire on 31.07.2025 on attaining the age of superannuation. Besides, it is because of her medical condition that petitioner had applied for VRS, which was pending consideration and as such, impugned transfer order was in violation of Article 14/16 of the Constitution of India.

5. After noticing the aforesaid contentions of Ld. Counsel for the petitioner, a co-ordinate bench of this court, vide order dated 23.05.2024, while issuing notice of motion, directed to stay the operation of impugned order dated 18.04.2024.

6.1 Respondents opposed the petition by submitting that petitioner had not approached the Court with clean hands and had conceded the fact that the officer namely, Vinay Kumar had already joined at Hoshiarpur Branch on 29.04.2024 in place of the petitioner. Because of the interim stay order dated 23.05.2024 passed by this Court, an anomalous situation had arisen as two officers were sitting on the same seat, as the charge had already been handed over to Vinay Kumar on 29.04.2024 and petitioner was just sitting ideal and earning salary without doing any work. It is contended that instead of complying with the transfer order, petitioner approached this Court with the false accusation that she was suffering from cervical spondylosis and attached certain documents in this regard alleging that she was unfit to travel due to her medical condition. It is stated that application of the petitioner for voluntary retirement has already been accepted on 27.05.2024 and the said fact was duly conveyed to the petitioner. She was informed that she would be relieved after completion of certain formalities. Copy of that letter is Annexure R1. Immediately thereafter, petitioner moved an applicatio