Saurabh Malik
Tribune News Service
Chandigarh, March 18
Refusing to interfere in the transfer of an employee who claimed his ailing wife required care and attention, the Punjab and Haryana High Court has ruled that a court cannot be guided by emotions and set aside the order on this count.
"The transfer of the petitioner-employee cannot be set aside on this count by the court. It is for the employer to consider any personal inconvenience that a transfer may cause to an employee and/or his family and the court cannot be guided by emotions," Justice Alka Sarin asserted.
The ruling by Justice Sarin came on a petition filed by a Municipal Corporation Chief Engineer challenging order dated January 15, whereby he was transferred to another Municipal Corporation in Haryana.
His counsel, among other things, had contended that the impugned order was illegal and arbitrary. The petitioner had already been transferred thrice in the last four years. The present transfer was just 17 months after the last transfer. He further submitted that the petitioner was due to retire in 21 months. As such, practical purpose would not be served by posting him to Hisar for the remaining period of his service.
Justice Sarin observed that another argument raised by the senior counsel for the petitioner was that the impugned transfer would cause great hardship and suffering to the petitioner, whose wife was suffering from certain health issues and needed constant support and care. The petitioner in support of this contention had placed reliance upon medical prescriptions.
Dismissing the petition, Justice Sarin added that these parameters, for the court to interfere in the impugned transfer order, were not attracted in the present case.
from The Tribune https://ift.tt/2OEFfgT
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