Aditya Vikrma vs Punjab State Power Corporation Limited And Others

Harpreet Singh Brar, J

The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of MANDAMUS directing the respondents to consider the request of the petitioner for being transferred out from present place of posting at Shanan Power House, Joginder Nagar, District Mandi, Himachal Pradesh and further for directing the respondents to grant choice of posting to the petitioner in view of transfer/posting/placement policy dated 16.12.2019 (Annexure P-2) and further to consider and decide the representations dated 04.02.2025 (Annexure P-3) and Annexure P-4.

Learned counsel for the petitioner INTER ALIA contends that the transfer policy dated 16.12.2019 (Annexure P-2) stipulates the tenure of three years at Shanan Power House after which the employees are required to be given a choice of posting. The petitioner after completing four years of service at the aforesaid Power House made his first representation for transfer on 16.02.2024 followed by a written representation on 04.02.2025 (Annexure P-3) and no action has been taken on the representations made by the petitioner in terms of the transfer policy dated 16.12.2019 (Annexure P-2). The petitioner has completed five years at the location. He further submits that the petitioner is the only child of his parents. His mother passed away five years ago and his father is a senior citizen requires weekly medical follow up in Amritsar.

Learned counsel for the petitioner submits that he would be satisfied if the representation (Annexure P-4) of the petitioner is decided by respondent No.1 by passing a speaking order in a time bound manner.

Learned counsel appearing for the respondent(s)-PSPCL submits that he has no objection in case a direction is issued to respondent No.1 for time-bound consideration and decision of the representation of the petitioner by passing a speaking order.

Therefore, in view of the limited prayer made by learned counsel for the petitioner, respondent No.1 is directed to consider the representation (Annexure P-4) of the petitioner in terms of the transfer policy dated 16.12.2019 (Annexure P-2) and pass a speaking order, after affording him an opportunity to be heard, within a period of 08 weeks from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by the respondent.

Disposed of, accordingly.