Suresh Pal vs HPSEBL Through Executive Director (Personal) & Ors

Ranjan Sharma, J

Notice. Mr. Ganesh Barowalia, Advocate, appears and waives service of notice on behalf of the respondents No. 1 to 5.

Case of the petitioner, is that he is a Junior Engineer (Electrical), and he was posted at present station i.e. Electrical Sub Division Kala Amb, against vacancy on 18.05.2022, Annexure P-1; and he joined at Electrical Sub Division, Kala Amb, in May 2022 itself, but, now on 26.09.2023, Annexure P-2, he has again been transferred from Electrical Sub Division Kala Amb to Electrical Sub Division Dadhau, against vacancy illegally.

Mr. Rajiv Jiwan, learned Senior Counsel assisted by Mr. Hitender Verma, Advocate, has impugned the transfer order on the ground that (i) transfer has been made after a stay of about one year and five months at Kala Amb; (ii) the transfer has been ordered without TTA and joining time when, the petitioner has not made any request for the aforesaid transfer; (iii) the transfer without TTA is only to make room for others ignoring relevant considerations; (iv) the transfer has been affected on the basis of DO Note No.3066670, dated 01.09.2023, which is contrary to the settled position of law, as laid down by this Court, which stands affirmed by the Hon’ble Apex Court also; (v) transfer at this stage, when, the petitioner is in the zone of consideration, for promotion to the post of Assistant Engineer (Electrical) which is likely to be convened shortly and the same will lead to his dislocation again.

Mr. Ganesh Barowalia, learned counsel for the respondents submits that after passing of impugned transfer orders dated 26.09.2023, Annexure P-2, the petitioner stands relieved from the present place of posting in Electrical Sub Division Kala Aamb on 3.10.2023, Annexure P-3.

Faced with the contention of Mr. Ganesh Barowalia, Advocate, Mr. Rajiv Jiwan, learned Senior Counsel, for the petitioner, assisted by Mr. Hitender Verma, Advocate, states that once the transfer is contrary to norms/guidelines, by ignoring relevant aspects coupled with the fact that no regular incumbent (by appointment/promotion/transfer) has been posted but only an additional charge has been given to another Junior Engineer temporarily, then, no prejudice shall be caused to the respondents.

In the above backdrop, keeping in view the mandate of law that an employee who is aggrieved against his transfer, shall have a right to seek remedy by moving a representation to the Competent Authority for redressal of grievances/hardships, which are to be examined by the Competent Authority and not by Courts; coupled with the request so made by the learned counsel for the petitioner, and in the peculiar facts of instant case, this Court, deems it appropriate, to permit the petitioner to make a representation to the Respondent No.1- Executive Director HPSEBL, Shimla within one week from today, pointing out his grievances/hardships. In case, any representation is made, this Court directs Respondent No.1, to consider the same on merits, after affording a personal hearing to the petitioner, strictly in conformity with the transfer policy, after taking into account the law laid down by this Court, in case of Amir Chand vs. State of Himachal Pradesh, reported in 2013(2) HLR (DB) 648; Sanjay Kumar vs. State of H.P. & Others, reported in Latest HLJ 2013 (HP) 1051; which prohibits the transfer of an employee on the DO Note just to meet out the request made by a political person or a person not connected with the affairs of the Respondent-Board.

Till the decision of the representation, as above, the operation of the impugned transfer orders dated 26.09.2023, Annexure P-2, transferring the petitioner from Electrical Sub Division Kala Amb to Electrical Sub Division Dadahu and the relieving order dated 3.10.2023, Annexure P-3 are stayed and respondents are directed to permit the petitioner to work as Junior Engineer (E), in Electrical Sub Division Kala Amb, till the decision of the representation.

The writ petition is disposed of, so also, the pending application(s), if any.