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JAI BHAGWAN versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Jai Bhagwan v. State of Haryana & Ors - CWP-14121-2006 [2006] RD-P&H 7150 (14 September 2006)

In the High Court of Punjab and Haryana, Chandigarh

C.W.P. No. 14121 of 2006

Date of Decision: 05.09.2006

Jai Bhagwan

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Mr. Naveen Daryal, Advocate,

for the petitioner.

JUDGMENT

M.M. KUMAR, J. (Oral)

The instant petition is directed against the order dated 31.8.2006 (P-3) transferring the petitioner from Kaithal to Rewari. It is admitted position that the petitioner is a contract employee and has been working at Kaithal. He is also not covered by the transfer policy.

Any terms in the contract of employment cannot be enforced by law as it would amount to directing performance of contract of personal service. It is well settled that specific performance of a contract of personal service cannot be decreed and, therefore, there is no ground to interfere in the impugned order dated 31.8.2006 (P-3) Dismissed.

C.W.P. No. 14121 of 2006

However, the petitioner may avail any other remedy in accordance with law, if so advised.

(M.M. KUMAR)

JUDGE

(M.M.S. BEDI)

September 5, 2006 JUDGE

Pkapoor


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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