A division bench of the Punjab and Haryana High Court today observed that the transfer policy for male veterinary surgeons working for the Haryana government’s Animal Husbandry and Dairying department was “discriminatory in nature”.
The division bench of Justice MS Ramachandra Rao and Justice Sukhvinder Kaur heard a petition moved by the Association of Veterinary Surgeons. During the hearing, HC observed that the state can’t discriminate against male veterinary surgeons.
The Association of Veterinary Surgeons filed a petition challenging the Haryana government’s online transfer policy, which was notified in October 2020.
Therefore, the policy has a provision to allot 5 additional marks to female veterinary surgeons, whose spouses also work for the Haryana government. These marks are used to determine a veterinary surgeon’s promotion or remuneration increment.
While challenging the transfer policy in court, the association stated that the Haryana government’s transfer policy was arbitrary as it violated Article 16 (2) of the Constitution.
While hearing the petition on Tuesday, the high court bench stated that “Only if the government employees, both male, and female, have a proper family life, then he or she will be able to discharge his/ her duties effectively and happily.”
The court remarked that “Exclusion of male veterinary surgeons, whose spouses are employed in other government departments under state government or Government of India, from getting these five points/marks, appears to be discriminatory.”
Therefore, the high court directed the Haryana government to give similar benefits to male & female veterinary surgeons till the pendency of the case and sought a reply from the government on this matter by May 17.
