IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6910 of 2025 Decided on: 28th April, 2025 _________________________________________________________________ Er. Surjeet Kumar ....Petitioner Versus HPSEBL & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Dushyant Dadwal, Advocate. For the respondents: Mr. Ravinder Thakur, Advocate, for respondent No.1. ______________________________________________________________ Jyotsna Rewal Dua, Judge Notice confined to respondent No.1, which is accepted by Mr. Ravinder Thakur, learned counsel. In view of the nature of the order being passed hereinafter and joint submissions made by learned counsel on both sides, neither notice is required to be issued to respondent No.2 nor reply is required to be called from respondent No. 1. With the consent of learned counsel for parties, matter is heard at this stage. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 2. Petitioner’s grievance is to the office order dated 23.04.2025 (Annexure P-1), whereby, he has been sent on secondment basis from Electrical Division Lambagaon to the office of Directorate of Energy, Shimla with TTA/JT, vice respondent No.2, who has been transferred in place of the petitioner without TTA/JT. 3. Learned counsel for the petitioner, on the basis of pleadings, submits that the petitioner was discharged from Indian Navy on 31.08.2006, after rendering twenty years of service; He joined respondent-Electricity Board as Junior Engineer (Electrical) on regular basis on 31.08.2009; Petitioner served at Electrical Sub Division Bhawarna w.e.f. April 2010 to May 2015; On his promotion as Assistant Engineer (Electrical), petitioner remained posted at Electrical Sub-Division Chadhiar from May, 2015 to April 2017; Petitioner was next transferred to Electrical Sub Division Palampur, where he discharged his duties till January 2019; Petitioner joined at Electrical Sub Division Thural in January 2019; In September 2020, petitioner was transferred to Baner - 3 - Power House Division Jia, where he served till February 2023; On promotion as Senior Executive Engineer (Electrical), petitioner was transferred to Electrical Division Lambagaon in February 2023. Under the impugned transfer order, dated 23.04.2025, petitioner has now been transferred from Lambagaon on secondment basis to the office of Directorate of Energy, Shimla. 4. Learned counsel for the petitioner submits that the impugned transfer order has been issued only to accommodate respondent No.2 at the place of the petitioner; The petitioner has been sent on secondment basis to the office of Directorate of Energy, Shimla without taking any consent from him; That the transfer has been issued not only to accommodate respondent No.2, but also at the fag end of petitioner’s service career, who is going to superannuate on 31.03.2027. Learned counsel for the petitioner submits that the petitioner has not been relieved from his present place of posting and is still continuing to serve at this place. Learned counsel for the petitioner submits that a post of Senior Executive Engineer is going to fall vacant on 30.04.2025 at - 4 - P &T Division Kanga, where petitioner can be accommodated in view of his impending retirement. 5. Taking note of the grounds urged in this writ petition for assailing the transfer order, it will be in the interest of justice to permit the petitioner to prefer a representation to respondent No.1 against the impugned transfer order and to direct respondent No.1 to decide the aforesaid representation in a time bound manner. This course is acceptable to both the learned counsel for the parties. Ordered accordingly. The petitioner is permitted to prefer a representation to respondent No.1 against office order dated 23.04.2025. In case such a representation is preferred within three days, the same shall be considered and decided by respondent No.1 in accordance with law, within next two weeks. Till the decision of the representation, operation of the impugned office order dated 23.04.2025 (Annexure P-1) shall remain stayed. It is made clear, that in case no such representation is filed within the timeline indicated above, interim protection granted to the petitioner shall automatically stand vacated. - 5 - The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge April 28, 2025 R.Atal