LUCKY KUMAR Vs. STATE OF PUNJAB
LAWS(P&H)-2013-4-6
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 01,2013

Lucky Kumar Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

AUGUSTINE GEORGE MASIH,J. - (1.)PETITIONERS have approached this Court with a grievance that they have been left on the road by withdrawal of the order dated 8.11.2012 (Annexure-P-2), vide which they were transferred by the Chief Engineer, Canals, Irrigation Department, Punjab-respondent No. 2, vide order dated 22.2.2013 (Annexure-P-3). It has been asserted that petitioners were appointed as Beldars on workcharge basis in the respondent-department. Their services were regularized, vide order dated 25.10.2012 (Annexure-P-1) and in pursuance thereto, they joined their duties on 1.11.2012. They submitted representation to respondent No. 2 for transferring them to a place near their respective village, which request of the petitioners was accepted by this respondent, vide order dated 8.11.2012 (Annexure-P-2), granting transfer to petitioner No. 1 from Shahpurkandi to Ferozepur Canal Circle, Ferozepur against a vacant post and petitioner No. 2 was transferred from Shahpurkandi to Sirhind Canal, Ludhiana, against a vacant post. Vide this order, a condition was imposed upon the petitioners that they shall not be entitled to the claim of seniority on the basis of length of service, rendered by them in the earlier office. Accordingly, petitioners submitted affidavits to that effect. Thereafter, the petitioners were allowed to join the place of their posting. Petitioner No. 1 submitted his joining report on 15.11.2012, whereas petitioner No. 2 joined his place of posting on 21.11.2012. As they were not being paid salaries, petitioners submitted representations to the higher authorities. Instead of granting the salary to the petitioners, order of their transfer dated 8.11.2012 (Annexure-P-2) was cancelled, vide order dated 22.2.2013 (Annexure-P-3) by respondent No. 2. In the light of cancellation of the transfer order, petitioners were relieved from their place of transfer. They submitted their joining reports Annexure-P-5 and Annexure-P-6, which have not been accepted by the concerned authorities by stating that they have not received any intimation in this regard. Thereafter, the petitioners again appeared before the competent authority at their place of posting, which was ordered, vide order dated 8.11.2012 (Annexure-P-2). There also they were not allowed to join on the ground that they have already been relieved. Now, the petitioners are on roads with no place of posting. This fact was brought to the notice of the Chief Engineer, Canals, Irrigation Department, Punjab-respondent No. 2, vide representation dated 11.3.2013 (Annexure-P-7), which has till date not been responded to.
(2.)COUNSEL for the petitioners contends that the petitioners, at this stage, would be satisfied if a direction is issued to Chief Engineer, Canals, Irrigation Department, Punjab-respondent No. 2 to consider and decide the representation of the petitioners dated 11.3.2013 (Annexure-P-7), within some specified time.
In view of the statement made by the counsel for the petitioners, the present writ petition is disposed of with a direction to the Chief Engineer, Canals, Irrigation Department, Punjab-respondent No. 2 to consider and decide the representation of the petitioners dated 11.3.2013 (Annexure-P-7), within a period two weeks from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioners forthwith.



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