Jiwan Ram vs The Executive Director, HPSEBL & Another

Ajay Mohan Goel, J

Notice. Mr. Piyush Rathore, learned counsel, accepts notice on behalf of the respondents.

Taking into consideration the issues raised in this Writ Petition, the same is being disposed of at this stage itself.

The petitioner is aggrieved by his transfer order vide Annexure P-1, dated 18.11.2024, from Electrical Division, Dharampur, District Mandi, H.P., to Electrical Division, Sundernagar, District Mandi, H.P. He is serving as an AFM-cum-Driver at Electrical Division, Dharampur,

Learned counsel for the petitioner has submitted that as the petitioner is to superannuate in the month of February, 2025, the transfer of the petitioner at the fag end of his service career is bad, for the reason that this is not a station of his choice.

Taking into consideration the fact that as it is not in dispute that the petitioner is to superannuate from the service of the respondent-Board in the month of February, 2025, this Court is of the considered view that his transfer with just a couple of months of service left is nothing, but a colourable exercise of power. The endeavour of employer has to be to adjust the employee who has served for hi vs entire life with the employer at a station of his or her comfort when the employee is on the verge of superannuation, but if this step motherly treatment is given by the employer at the fag end of the service career of the employee, then but natural such an act cannot be justified in the eyes of law.

Accordingly, this petition is allowed. Annexure P-1, dated 18.11.2024, qua the petitioner is quashed and set aside and the respondents are directed to allow the petitioner to continue to serve as an AFM-cum-Driver at Electrical Division, Dharampur, till his superannuation.

The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.