(MOREPIC1) Subhash Jindal/Chandigarh
The Punjab and Haryana High Court has set aside the transfer order of a Junior Engineer (Mechanical) who had been posted as a Building Inspector in another Municipal Corporation, holding the order to be contrary to the applicable service rules and beyond the authority of the officer who issued it.
The judgment was delivered by Justice Harpreet Singh Brar in Civil Writ Petition No. 18055 of 2022 titled *Mahender Singh vs. State of Haryana and others*. The petitioner, Mahender Singh, was appointed as Junior Engineer (Mechanical) in the Municipal Corporation, Faridabad in June 2020. By an order dated August 10, 2022, he was transferred to Municipal Corporation, Panipat and posted as Building Inspector.
The petitioner challenged the transfer on the grounds that the post of Building Inspector falls under the category of Junior Engineer (Civil), which requires qualifications and expertise in civil engineering. He argued that as a Mechanical Engineer, he did not possess the requisite qualifications to discharge duties related to civil construction and building supervision. It was also contended that the transfer was ordered by an authority not competent under the Haryana Municipal Corporation Employees (Recruitment and Conditions of Service) Rules, 1998.
After examining the relevant service rules, the Court observed that the posts of Junior Engineer (Civil), Junior Engineer (Mechanical), and Junior Engineer (Electrical) constitute separate categories with distinct qualifications and promotional avenues. The Court held that a person appointed as Junior Engineer (Mechanical) cannot be posted to perform the duties of Junior Engineer (Civil) or Building Inspector, as each post requires specialized qualifications.
Relied upon arguments by advocate Raman B Garg and advocate Mayank Garg, the Court further noted that the transfer order had not been issued by the competent authority as required under Rule 12 of the 1998 Service Rules. It also held that posting a Mechanical Engineer to supervise civil construction work could be against public interest due to the difference in technical expertise.
Accordingly, the High Court allowed the writ petition and quashed the transfer order dated August 10, 2022. However, the Court granted liberty to the competent authority to pass a fresh transfer order in accordance with the rules, if required, but only to a post of Junior Engineer (Mechanical) and with valid reasons.
The decision reinforces the principle that administrative transfers must comply with statutory service rules and be made by the competent authority.
