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Kapil Gupta vs H.P.S.E.B. Ltd. & Others

High Court Of Himachal Pradesh · Decided on 25 September 2020 · Citation: (2020) 09 SHI CK 0408

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4001 Of 2020
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Judgment

5 paragraphs · 321 words

Anoop Chitkara, J

1.

A Senior Assistant of the respondent-Board, who is under transfer from Thirot Construction Division, HPSEB Limited Pandoh to Electrical Division HPSEB Limited Chamba, has come up before this Court seeking cancellation of his transfer on the grounds that he has been transferred after two years of his previous transfer, which is in contravention of Clause-10 of the General Guidelines of transfer issued by the State Government, which are applicable to employees of HPSEB Limited.

2.

Notice. Mr. Surender Saklani, Advocate appears and accepts service of notice on behalf of the respondents. He has placed on record the written instructions, which reveal that the incumbent posted at Chamba is likely to retire on 30.09.2020 and to fill up such post, the petitioner has been transferred on administrative exigency. The further stand taken by the respondent-Board is that during the entire service career, the petitioner had worked in and around the distance of 30-40 kilometers from his home in Mandi district.

3.

The H.P.S.E.B. Limited, being a Company, may have its own Policy regarding the transfer as such strictly speaking the guidelines issued by the State Government would only be advisory in nature, in the absence of any transfer policy of the respondent-Board, if not in place. Learned counsel for the respondent-Board has not drawn our attention to any transfer Policy which is in force.

4.

Given above, we close this petition permitting the petitioner to make representation in accordance with the transfer Policy applicable to the employees of HPSEB Limited within a week from today. On receipt of such representation, the said respondent shall consider the same, in the light of the transfer policy occupying the field, and pass appropriate orders, within two weeks. Subject to filing of representation within the time-frame mentioned above, the operation of impugned order dated 14.9.2020, Annexure P-1, shall remain Stayed till the decision of the representation. Pending application(s), if any, are closed.