Rajiv Narain Raina, J. - (1.) The petitioner was appointed to the Punjab Civil Service (Executive Branch) from Register A -II on August 05, 2011 in compliance of directions issued in CWP No. 9715 of 1999 delivered on September 08, 2008. On appointment to the State Civil Service, the petitioner was placed in the batch of 1994 retrospectively. He is due to retire in July 2016. His first posting was as a Sub Divisional Magistrate, Budhlada. He has been transferred to different stations in his short span of service as many as 15 times which by all means is rather frequent. He states that in the year 2008 he suffered injury in an accident which has resulted in permanent disability to the extent of 45%. As a result, he has an artificial right hip joint inserted. He holds a disability certificate issued by the Civil Surgeon, Sangrur. He has never had more than six months in any of his postings. He was transferred and posted as SDM, Faridkot with additional charge of District Transport Officer, Faridkot and Assistant Commissioner, Grievances at the same station. The transfer order was passed on December 26, 2014. On May 28, 2015 he was posted/transferred as Sub Divisional Magistrate, Dharkalan, District Pathankot. The next day i.e. on May 29, 2015 he was given additional charge as Land Acquisition Collector, Shahpur Kandi and in addition thereto as Deputy Commissioner (Resettlement & Rehabilitation) Ranjit Sagar Dam Project, Shahpur Kandi against a vacant post.
(2.) Feeling aggrieved by his transfer order dated May 28, 2015 as SDM Dharkalan from Faridkot and the subsequent order giving him the additional charge [as said before] he approached this Court by filing CWP No. 12130 of 2015 in which vide an interim order dated June 01, 2015 this Court while issuing notice of motion for July 01, 2015 stayed the operation of the impugned orders (P -3 & P -4) qua the petitioner.
(3.) It is argued that the petitioner is a permanently disabled person who is due to superannuate on July 22, 2016 at the age of 58 years and has suffered repeated transfers 15 times during a short span of 4 years of service and is protected by the transfer policy (P -5) which prescribes that an employee left with two years service before retirement should be retained at the same place. In this regard he cites Clause (b) of the transfer policy. His grievance deserves to be redressed in the manner provided in Clause (d) of the transfer policy. The writ petition is pending and the interim order continues to operate till date. As a result of the interim order, the petitioner has continued to serve at Faridkot as Sub Divisional Magistrate with additional charge as DTO, Faridkot. His transfer to Faridkot continues. However, the Chief Secretary of the Government of Punjab being the Cadre Controlling Authority of the State Civil Service has by the present impugned order dated December 07, 2015, endorsed on December 17, 2015, posted the petitioner as Executive Magistrate, Faridkot against a vacant post due to administrative requirements and in public interest. By another order passed on January 04, 2016 the Deputy Commissioner, Faridkot gave additional charge of the posts of SDM and DTO, Faridkot to Mr. Harjit Singh, PCS in addition to his own assignment as Sub Divisional Magistrate, Kotkapura. The challenge in this petition is to the order passed by the Chief Secretary, Punjab in the name of the Governor of Punjab in the Department of Personnel (IAS Branch) dated December 07, 2015.;