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Parvesh Kumar vs Himachal Pradesh State Electricity Board Limited And Another

High Court Of Himachal Pradesh · Decided on 22 December 2020 · Citation: (2020) 12 SHI CK 0141

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 5984 Of 2020
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Judgment

17 paragraphs · 322 words

Tarlok Singh Chauhan, J

1.

Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of following substantive relief:-

(i) “That the impugned office order dated 07.12.2020 (Annexure P-1) whereby the petitioner has been ordered to be transferred from

HPSEBL Sub Division Salooni, District Chamba to HPSEBL Sub Division Jalog under Division Sunni, District Shimla, H.P. may very kindly

be quashed and set aside and the petitioner may very kindly be allowed to continue work at the present place of posting i.e. HPSEBL Sub

Division Salooni, District Chamba, H.P. in the interest of justice.â€​

2.

The records reveal that the petitioner has been ordered to be transferred because all the vacancies in Salooni, where he had been working, have

been filled-up. Whereas, in Sub-Division Jalog, under Division Sunni, as against the twelve vacancies, there are only five persons working and it is on

this account that the petitioner has been ordered to be transferred after seeking approval of the competent authority.

3.

Learned counsel for the petitioner would argue that transfer of the petitioner is bad in law as it is against the notifications issued by the Government

itself, whereby it has chosen to impose ban on transfers vide notifications dated 20th July, 2019, 23rd July, 2019 and recent notification dated 19th

November, 2020. We have gone through the notifications and are not impressed by the contention of the petitioner as his transfer has been made

solely on the basis of administrative grounds and exigencies, which is permissible even as per the latest notification dated 19th November, 2020.

4.

In this view of the matter, we find no merit in the instant petition and the same is dismissed accordingly, so also the pending miscellaneous

application(s), if any.

However, it goes without saying that since the petitioner has not made any request for his transfer, he would be entitled for TTA and joining time in

accordance with law.