Rashpal Singh vs State of Punjab and Another

Tejinder Singh Dhindsa, J.—The petitioner, who is working on the post of Multipurpose Health Supervisor in the Department of Health & Family Welfare, State of Punjab has impugned in terms of filing the present writ petition the order dated 9.8.2012 (Annexure P-3), whereby he has been transferred from C.H.C, Kahnuwan, Gurdaspur To P.H.C. Mandot, Ferozepur. Learned counsel appearing for the petitioner would place reliance upon the transfer policy (Annexure P-4) to contend that since the wife of the petitioner is also a Govt. employee as such the normal tenure of posting should be 5 years, whereas the petitioner has served at Kahnuwan only for a period of 3 years.

It is by now well settled that deviation from any transfer policy/guidelines would not vest in an employee an enforceable right. Be that as it may, the Hon''ble Apex Court in case of Union of India & others Vs. S.L. Abbas reported as 1995(4) S.C.T 455 has categorically observed that the competent/appropriate authority while issuing orders of transfer shall keep in mind the transfer guidelines/policy framed by the State itself. I find no merit in the present writ petition and the same is, accordingly, dismissed. It is, however, open for the petitioner to pursue his representation dated 11.8.2012 (Annexure P-5), which is stated to have already been submitted before the respondent-authorities