IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON:11.12.2025 MANOJ KUMAR ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Shashikant Gupta, Advocate for the petitioner(s)

Mr. Deepak Balyan, Addl. AG. Haryana Mr. Udit Garg, Advocate for Respondent no. 6 ****

SANDEEP MOUDGIL, J Prayer

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the impugned order dated 04.09.2025(Annexure P-8) passed by respondent no.2, whereby the petitioner was transferred from Narnaul to Charkhi Dadri, without due consideration of his medical condition, namely a left temporal bleed with seizure, which necessitates work within a 15 km radius for urgent medical care with a further direction to the respondents to allow him to continue working at Narnaul during the pendency of the petition and further prays for a stay of operation of the impugned transfer order.

Brief Facts

2. The petitioner is serving as Manual Assistant in the Office of the Inspector, Legal Metrology, Haryana and was earlier posted at Jhajjar. In December 2023, he was diagnosed with a left temporal brain bleed with seizure and advised by his doctors to work within a 15 km radius to ensure timely medical care in case of an emergency. Considering his medical condition, the petitioner requested a transfer from Jhajjar to Narnaul vide request dated 30.01.2025 (Annexure P-6), which was granted on 06.03.2025 (Annexure P-7), and he continued to serve there without any complaint regarding his work or conduct.

3. In September 2025, the petitioner received the impugned order dated 04.09.2025(Annexure P-8) transferring him from Narnaul to Charkhi Dadri, which he contended was issued without assigning any reason and contrary to medical advice. Aggrieved by the same, the present petition has been filed.

Contentions On behalf of Petitioner

4. Learned counsel for the petitioner submitted that the impugned transfer order dated 04.09.2025(Annexure P-8) was issued arbitrarily and without assigning any reason, in complete disregard of the petitioner’s medical condition. It is argued that the petitioner had been diagnosed with a left temporal brain bleed with seizure and had been specifically advised to work within a 15 km radius to ensure access to urgent medical care in case of an emergency (Annexure P-5).

5. Learned counsel emphasized that the petitioner had already been transferred from Jhajjar to Narnaul on medical grounds, where he had been performing his duties efficiently without any complaint against his work or conduct. It was further contended that the transfer to Charkhi Dadri violated the petitioner’s fundamental right to health and meaningful life under Article 21 of the Constitution and that no public interest or administrative exigency had been shown to justify such transfer.

On behalf of Respondent

6. Learned counsel for the respondents submitted that the transfer of the petitioner from Narnaul to Charkhi Dadri was made in public interest and in accordance with administrative exigencies. It is contended that the petitioner had joined the service after accepting the terms and conditions of his appointment, which included a clause making him liable to serve anywhere in Haryana and outside the State as ordered by the Government.

7. The counsel further submitted that a government servant has no vested right to remain posted at a particular place and that transfers are routine incidents of service, while highlighting that the petitioner’s health had been duly examined by the Postgraduate Institute of Medical Education & Research, Chandigarh, as directed by this court vide order dated 17.09.2025 and the report indicated that his condition was stable with no surgical intervention required, thereby not preventing him from being transferred.

Analysis

8. On a careful consideration of the facts and the submissions advanced by the parties, the sole issue that arises