RAVINDRA NATH v. UNION OF INDIA THRU. SECY. MINISTRY OF POWER NEW DELHI AND 7 OTHERS
WRIA/2134/2025 · 2025-02-24
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11579 Court No. - 5 Case :- WRIT - A No. - 2134 of 2025 Petitioner :- Ravindra Nath Respondent :- Union Of India Thru. Secy. Ministry Of Power New Delhi And 7 Others Counsel for Petitioner :- Abhiram Mishra,Shailendra Singh Chauhan Counsel for Respondent :- A.S.G.I. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and Sri M.M.Asthana, learned counsel for the respondent no.1. Notices on behalf of respondents no. 2 to 8 have not been accepted by anybody. No notices need be issued to them as their interest would be well protected in the directions issued by this Court. Under challenge is the order dated 27.01.2025, a copy of which is annexure 1 to the writ petition so far as it pertains to the petitioner whereby the petitioner has been transferred from Bundel Khand Saur Urja Limited, Lucknow (hereinafter referred to as "BSUL") to Dugar Hydro Electric Project (hereinafter referred to as "DUGAR-HEP").
Learned counsel for the petitioner states that BSUL pertains to Lucknow while Dugar-HEP pertains to District-Chamba near Luj Village on Chenab River State- Himachal Pradesh. Contention is that there is an National Hydroelectric Power Corporation (hereinafter referred to as "NHPC") transfer policy governing the transfer of the employees. A copy of the transfer policy is annexure 3 to the writ petition. It is contended that Clause 3.3 of the policy indicates about the hard postings and the soft posting. As per the said clause, the DUGAR-HEP to which the petitioner has been transferred falls within the ambit of being a hard posting while the present post of the petitioner i.e Lucknow falls within the ambit of soft posting. Placing reliance on Clause 3.2 of the said policy, it is contended that the minimum soft posting would be for a period of four years while the petitioner has only been posted at Lucknow on 23.06.2023 and consequently, has not spent the four years period as per the said policy at Unit which thus vitiates the impugned transfer order. The other argument is that the petitioner has only been transferred after he had submitted a complaint and consequently, the transfer of
the petitioner would be a punitive transfer. Further argument is that the examination of the daughter of the petitioner who is studying in Class-X, is scheduled to commence from 18.02.2025 and consequently, in case the impugned transfer order is given an effect to, the same would adversely effect the educational career of the petitioner's daughter. It is contended that as per the relevant policy, the petitioner has raised his grievance by means of letter dated 30.01.2025, a copy of which is annexure 2 to the writ petition before the respondent no. 5 who is said to be the Secretary, Grievance Redressal Authority, NHPC Ltd, Faridabad. Considering the aforesaid, the writ petition is disposed of with the direction to the respondent no. 5 i.e Secretary, Grievance Redressal Authority, NHPC Ltd, Faridabad to decide the pending grievance of the petitioner as raised by means of his letter dated 30.01.2025 which would be considered in accordance with law and the relevant rules within a period of four weeks from the date of receipt of a certified copy of this order. Till then, no coercive action shall be taken against the petitioner in pursuance to the impugned order of transfer dated 27.01.2025.
It is made clear that this Court has not gone into the merits of the case as set forth by the petitioner.
Order Date :- 24.2.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench