JASBIR SINGH Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2011-12-119
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 27,2011

JASBIR SINGH Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

K. Kannan, J. - (1.) AT the asking of the Court, Shri K.S. Sivia, DAG, Punjab, takes notice for respondent Nos. 1 to 4.
(2.) THE petitioner's grievance is that he is being transferred only because the 6th respondent had been transferred to Giddarbaha from Patiala as he has prevailed upon official respondents to recall the order and instead, the petitioner has been transferred. Learned counsel points out that there are instructions which protect a person against being transferred within three years from the date of his posting and in case of couple, they shall not be transferred within five years. Learned counsel for the petitioner would contend that his wife is stationed in the same place and she is also a government servant and petitioner is at liberty to stay at the same station.
(3.) THE transfer is a necessary incident of service and when there are guidelines the only aspect the government servant can expect is that the guidelines are properly followed. There could exist no legally enforceable right to the petitioner.;


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