Haryana Government Employee Cannot Be Denied Couple Case Transfer Merit Points Merely Because Spouse Serving on Haryana Cadre Post in BBMB Is Posted Outside State: Punjab & Haryana High Court

Case Name: Dr. Richa Rani @ Dr. Richa Beniwal v. State of Haryana and Others

Date of Judgment: 06.10.2026

Citation: CWP No. 27372 of 2026

Bench: Hon’ble Mr. Justice Harpreet Singh Brar

Held: The Punjab and Haryana High Court held that a Haryana Government employee cannot be denied 10 Couple Case Merit Points under the Model Online Transfer Policy, 2026, merely because their spouse, while holding a regular Haryana Government cadre post in the Bhakra Beas Management Board (BBMB), is physically posted outside Haryana, Delhi or Chandigarh. The Court held that Haryana Share Quota Posts in BBMB form an integral part of the Haryana Irrigation & Water Resources Department cadre and cannot be treated differently solely on account of their geographical location. A hyper-technical interpretation defeating the beneficial object of the transfer policy is impermissible.

Summary: The petitioner, a regular Assistant Professor (Physics) in the Haryana Higher Education Department, challenged the denial of 10 Couple Case Merit Points under the Model Online Transfer Policy, 2026. Her husband, a Superintending Engineer serving against a Haryana Share Quota Post in BBMB, was posted at Nangal, Punjab. The State denied the benefit on the ground that the policy restricted eligibility to spouses posted in Haryana, Delhi or Chandigarh.

The High Court observed that the Haryana Government’s clarification dated 12.01.2026 expressly recognised Haryana Share Quota Posts in BBMB as sanctioned cadre posts of the Irrigation & Water Resources Department, rather than deputation posts. BBMB was also included among the notified organisations under the transfer policy.

Rejecting the State’s geographical restriction, the Court held that the physical location where an employee discharges official duties cannot alter the character of a substantive Haryana Government cadre post. Distinguishing between identically situated BBMB employees posted at Chandigarh and Nangal would create an arbitrary classification having no rational nexus with the objective of granting Couple Case Merit Points.

The Court emphasised that the transfer policy’s beneficial provisions must be interpreted to advance their purpose of mitigating family hardship and facilitating convenient postings of spouses, rather than defeating that purpose through a rigid geographical interpretation.

Decision: The High Court allowed the writ petition and directed the respondents to award the petitioner 10 Couple Case Merit Points under the Model Online Transfer Policy, 2026. The authorities were further directed to recalculate her total merit score and reconsider her transfer claim in accordance with her revised merit position and the stations/preferences exercised during the relevant transfer drive.