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Khima Ram vs HPSEB Ltd. and Assistant Engineer, Election Sub Division HPSEB Nirman, Distt. Kullu, H.P.

High Court Of Himachal Pradesh · Decided on 8 December 2011 · Citation: (2011) 12 SHI CK 0107

HON’BLE JUDGES
Rajiv Sharma, J · Kurian Joseph, J
RESULT
Allowed
CASE NUMBER
C.W.P. No. 10242 of 2011-E
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Judgment

4 paragraphs · 219 words

Justice Rajiv Sharma, J.—Petitioner is aggrieved by the issuance of order dated 23.11.2011, whereby he has been transferred from Electrical Sub-Division HPSEBL, Nirmand to Electrical Sub-Division HPSEBL, Anni.

2.

Case of the petitioner, in a nut-shell, is that he has only one year and four months to retire. According to the professed norms followed by the respondents, an incumbent, who is on verge of retire of retirement, is generally given the stations of his/her choice in order to mitigate the hardships in advanced age. This norm in the present case has not been followed by the respondents while transferring the petitioner from Nirmand to Ani. Petitioner is a Lineman and belongs to lowest strata of the society. The Management shall always be alive to the genuine problems of its employees. The Class-IV employees should not be transferred beyond a distance of 25 kms. from their native places, except in extraordinary public interest and administrative exigencies. The decision to transfer the petitioner to a distant place, that too, at the verge of retirement is arbitrary.

3.

Accordingly, the writ petition is allowed. Annexure P-1, dated 18.11.2011 is quashed and set aside. Respondents are directed to permit the petitioner to discharge his duties at Electrical Sub-Division HPSEBL, Nirmand till superannuation. The pending application(s), if any, also stands disposed of.

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