HC refuses to quash govt employee’s transfer order, says not a case of extreme hardship

Read Order: Kusum Bala v. State of Haryana and others 

 LE Correspondent

Chandigarh, August 4, 2021: The Punjab and Haryana High Court has refused to entertain a plea to quash the transfer of a government employee on the ground that it is not a case of extreme hardship.

“Transfer being a matter of administrative exigency, this Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship. Petitioner has been transferred from District TB Hospital Hisar to Sub Centre, Juglan, Hisar, which is barely 19 kilometers away. The case in hand does not seem to be such as to deserve any indulgence,” said the bench of Justice Arun Monga.

“Moreover, transfer is not a punishment but an essential aspect of service, particularly, on a transferable post,” the Bench observed.

The petitioner had sought to quash the order dated 22.07.2021 by which she was transferred from District TB Hospital, Hisar to Sub Centre Juglan, Mangali, Hisar.

The counsel for the petitioner argued that she is the sole bread winner and caretaker of her husband. Her husband had to quit his government job at the age of 40-42 years due to his chronic medical ailments including a heart disease and serious diabetes.

The petitioner’s counsel contended that in the peculiar circumstances, to enable the petitioner to look after her husband, even a State Minister had recommended her case favourably, despite which she was transferred.

The Bench said the “writ petition is disposed of with expectation from the competent authority to look into the grievance of the petitioner on the administrative side with a compassionate outlook, keeping in view recommendation of the Hon’ble Minister, and pass appropriate orders.”