Saroj Kumar And Others vs State Of H.P. & Others

 Sureshwar Thakur, J

Being aggrieved and dissatisfied by the order dated 7.5.2021, passed by the Superintending Engineer, Jal Shakti Circle, Una, H.P., whereby the

petitioners have been ordered to be transferred/shifted to newly created Jal Shakti Circle Dharampur, District Mandi, H.P. from Jal Shakti Circle,

Una, the petitioners have approached this Court through the instant proceedings.

Instructions filed by the respondents, pursuant to order dated 12.5.2021, reveal that though the petitioners are Mechanical Junior Engineers but for

ensuring the upÂkeeping of pumping machinery on a dayÂtoÂday basis at pump houses of various water supply and irrigation schemes, the

respondents hence took a decision, to transfer the petitioners to newly created Jal Shakti Circle at Dharampur, District Mandi. Since the petitioners

have already completed their normal tenure of their postings at the earlier station, and, when they are being transferred from one circle to another

circle, thereupon there appears no reason to interfere with the impugned transfer order(s), which otherwise suffer from no illegality.

Consequently, in view of the aforesaid reasons, the writ petitions are dismissed being devoid of merits. However, taking note of the fact that

petitioner Saroj Kumar in CWP No. 2904 of 2021, is to superannuate, within a period of eleven months, thereupon liberty reserved to him to file a

representation, within one week, to the respondent concerned, and, the respondent concerned shall consider and decide through a speaking decision,

the petitioner’s representation, expeditiously, preferably within a period of two weeks thereafter, and only after affording an opportunity of

personal hearing to the petitioner.

Also, since the disability certificate of one Sahil Dhiman, petitioner in CWP No. 2906 of 2021, underscores the factum of his becoming entailed with

a disability, thereupon liberty is also reserved to him to file, visÂaÂvis, the afore, if so, facilitative parameter, a representation, within one week, to the

respondent concerned, and, the respondent concerned shall consider and decide through a speaking order, the petitioner’s representation,

expeditiously, preferably within a period of two weeks thereafter, and only after affording an opportunity of personal hearing to the petitioner.

Till the representation(s) of the afore petitioner(s) are decided by the respondent concerned, thereupto they shall not be compelled to join the

transferred station(s). Petitions stand disposed of in the aforesaid terms, alongwith all pending applications, if any.