Sanjay Kumar vs Managing Director, HRTC, Shimla And Others

Sandeep Sharma, J

Being aggrieved and dissatisfied with office order dated 5.1.2022 (Annexure P-4) issued by the Regional Manager, HRTC, Dharampur, whereby

petitioner, who is a driver, has been relieved from his duty, enabling him to join in the office of HRTC Rampur, District Shimla, petitioner has

approached this Court in the instant proceedings filed under Article 226 of Constitution of India, praying therein to set-aside aforesaid order.

Since it stood mentioned in the order impugned in the instant proceedings that the petitioner has been transferred on the administrative grounds, this

court vide order dated 10.1.2022, directed Mr. Ajay Chauhan, learned counsel for the respondent-corporation, to have instructions that what is the

administrative exigency for transfer of the petitioner, who though was ordered to be transferred from HRTC Dharampur to HRTC Rampur, vide

order dated 15.11.202021, (Annexure P-1), but on his request was adjusted at Dharampur vide order dated 25.11.2021 (Annexure P2). Pursuant to

aforesaid directions, Mr. Ajay Chauhan, learned counsel representing the corporation on the instructions of Regional Manager, Dharampur, HRTC,

states that since there is an acute shortage of drivers at Rampur, petitioner has been relieved from Sarkaghat in compliance to order dated 12.11.2021,

issued by the Head Office transferring petitioner herein from Dharampur to Rampur.

Though record reveals that vide order dated 15.11.2021, petitioner was ordered to be transferred to Rampur from Sarkaghat, however on his

request, he was adjusted at Dharampur vide order dated 25.11.2021, but since 46 posts of driver are lying vacant at Rampur, petitioner has been

relieved from Sarkaghat with direction to join at Rampur.

Precise grouse of the petitioner herein is that since one month back, he was ordered to be adjusted at Dharampur, impugned order directing him to

join at Rampur is not tenable. However, there is no merit in the aforesaid ground raised by the petitioner for the reason that he has been working in

Sarkaghat Division since 2016 and as such, he has completed his normal tenure. Otherwise also, petitioner being an employee of HRTC, which is an

essential service, cannot claim to be retained at one station, rather he can be posted anywhere in the State as per requirement. Since at Rampur, 46

posts of drivers are lying vacant, no fault, if any, can be said to have been committed by the respondents while directing the petitioner to join at

Rampur, pursuant to his transfer order dated 12.11.2021, issued by the HRTC

Consequently, in view of the above, this Court finds no merit in the present petition and accordingly, same is dismissed being devoid of any merits.