IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23317-2025 DECIDED ON:17.09.2025 SATYA VIR YADAV ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Satish Chaudhary, Advocate for the petitioner Mr. Ravinder S. Budhwar, Addl. AG Haryana ****

SANDEEP MOUDGIL, J

1. Prayer The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the transfer order dated 07.08.2025 (Annexure P-1) whereby the petitioner, working as Superintendent in the Health Department, has been transferred from Civil Hospital, Rewari to the Directorate of Health Services, Malaria Wing, Panchkula. The petitioner further prays for a direction to the respondents to consider his claim under the “couple case” category under the Transfer Policy Employees of State of Haryana for the year 2004-2005 (inshort as “couple case” Policy) as his wife is serving as MPHW (F) at Rewari.

2. Brief Facts The petitioner, Satya Vir Yadav, working as Superintendent in the Health Department at Civil Hospital, Rewari, assails the transfer order dated 07.08.2025 (Annexure P-1) whereby he has been shifted to the Directorate of Health Services, Malaria Wing, Panchkula. It is pleaded that the transfer has been made despite the petitioner being a chronic patient who is due to retire on

31.12.2026. Further, the petitioner claims benefit of “couple case” policy as his wife is posted as MPHW (F) at Civil Hospital, Rewari, and further relies upon his responsibility to look after his 75% disabled bachelor brother. He contends that his prior representations were ignored. The respondents, on the other hand, justify the transfer on the basis of a complaint received from the Intelligence Department alleging corruption and irregularities, and submit that the transfer has been made in administrative exigency and public interest.

3. Contentions On behalf of Petitioner Learned counsel for the petitioner argued that the impugned transfer order dated 07.08.2025 (Annexure P-1) is wholly arbitrary and unsustainable. It was submitted that the petitioner is a chronic patient nearing retirement on 31.12.2026 and frequent displacement at this stage of service is unjustified. Counsel emphasized that the petitioner and his wife, both being Government employees, are entitled to the benefit of “couple case” policy, and as per settled instructions, they ought to be posted at the same or nearby station as far as possible. It was further contended that the petitioner has a bachelor brother with 75% disabled, who is dependent upon him, and uprooting the petitioner from Rewari to Panchkula, a distant place, causes grave personal hardship.

It is further submitted that the petitioner had already made a prior representation dated 19.07.2025 (Annexure P-5), but the same was not considered before issuing the transfer order. He urged that there is no complaint or adverse material against the petitioner, and even otherwise, transfer cannot be used as a disguised punishment in the absence of any disciplinary proceedings. It was thus prayed that the impugned transfer order deserves to be quashed and the petitioner retained at his present posting.

On behalf of Respondents Per contra, learned counsel for the respondents contended that the petitioner has suppressed material facts and misled this Court by asserting that no complaint existed against him. It was submitted that a detailed complaint was received from the office of the Additional Director General of Police (Intelligence), Haryana, vide letter dated 03.04.2025, specifically alleging corruption, irregularities, and nexus with private medical stores and hospitals. On the basis of this complaint, the matter was duly examined, and in larger public interest, the competent authority decided to transfer the petitioner from Civil Hospital, Rewari, to Panchkula.

It was further argued that transfer is an incidence of service and this Court cannot interfere u