Nirmal Kumar vs H.P. State Electricity Board Limited & Anr

Anoop Chitkara, J

The petitioner, who is working as Junior Engineer, on contract basis, and posted at the Office of Resident Engineer, Larji Power House Sub Division, HPSEBL, Thalout, Lahaul & Spiti, HP, w.e.f. 23.10.2017, has come up before this Court seeking his transfer from a tribal area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard the petitioner has filed representation dated 10.8.2020 (Annexure P-2, colly), which is still pending before the authorities concerned.

Notice. Mr. Tara Singh Chauhan, learned Advocate, appears and waives service of notice on behalf of the respondents.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Consequently, this petition is disposed of with a direction to the respondents to consider the representation of the petitioner Annexure P-2, in the light of the transfer policy occupying the field, and pass appropriate orders, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.

Copy Dasti.