IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6952/2025 Decided on: 18.08.2025 Ajay Kapoor …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vikrant Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 4. Ms. Priya Sharma, Advocate, for respondent No.5. Mr. Dhiraj Thakur, Advocate, for respondent No.6. Jyotsna Rewal Dua, J Following order passed in the matter on 30.04.2025, notices the gist of the case as under while granting interim relief to the petitioner: - “Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4. Notice be issued to respondents No.5 and 6, returnable for 20.05.2025. In addition to ordinary service, as prayed for, the 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 petitioner shall also be at liberty to serve respondents No.5 and 6 by way of dasti. Steps for service be taken within two days. Reply by the appearing respondents be filed in the meanwhile. 2. Petitioner instituted CWP No.12346 of 2024 with the grievance that though respondents No.1 to 4 had convened the meeting of Departmental Promotion Committee for making promotion to the post of Chief Engineer, that recommended promotion of the petitioner against the aforesaid post, yet, the respondents instead of promoting the petitioner as Chief Engineer, had assigned the charge of the aforesaid post to respondent No.6- Sh. Vijay Kumar Chaudhary, the Superintending Engineer (Civil), HPPWD. The writ petition was allowed on 02.12.2024 with following operative directions: - “5. In view of above, this petition is allowed. Writ of mandamus is issued to respondent No.1 to 4 to issue promotion order to the petitioner against the post of Chief Engineer, HPPWD, in view of the fact that duly constituted DPC had made its recommendation in favour of the petitioner on 20.03.2024, which were approved by the competent authority and post of Chief Engineer HPPWD became available on 08.08.2024. This be done within a week from today. The Additional charge of Chief Engineer HPPWD (Hamirpur Zone) given to respondent No.5, be forthwith withdrawn from him.” In the above judgment, respondents No.1 to 4 were directed to issue promotion order to the petitioner against the post of Chief Engineer, HPPWD. There was further direction that additional charge of Chief Engineer, HPPWD Zone Hamirpur given to respondent No.6 be forthwith withdrawn from him. 3. It appears that in compliance to the aforesaid decision, respondents No.1 to 4 though issued notification dated 07.12.2024 (Annexure P-3), promoting the petitioner to the post of Chief Engineer (Civil), HPPWD, but posting order was not issued to him. The notification stated that “posting orders of the petitioner would be issued separately”. Despite clear direction in the judgment for 3 withdrawing the additional charge of Chief Engineer, HPPWD Zone Hamirpur given to respondent No.6, respondents No.1 to 4 vide notification dated 10.01.2025 (Annexure P-4), assigned the charge of the post of Chief Engineer, HPPWD Zone Hamirpur to respondent No.6 in addition to his own duties. The petitioner, who was awaiting for his posting pursuant to his promotion on 07.12.2024, was issued posting order almost four months later, i.e. on 02.04.2025 (Annexure P-5). Under this notification, petitioner was posted as Chief Engineer (National Highways), HPPWD, Shimla. Petitioner’s immediate grievance is to the subsequent notification issued by respondents No.1 to 4 on 22.04.2025 (Annexure P-1), whereunder, petitioner was further transferred as Chief Engineer, Head Office, HPPWD, Shimla. 4. Learned counsel for the petitioner contends that there are only 07 sanctioned posts of Chief Engineer in the respondent- Department, i.e. Chief Engineer, HPPWD Zone Shimla; Chief Engineer, HPPWD Zone Hamirpur; Chief Engineer, HPPWD Zone Dharamshala; Chief Engineer, HPPWD Zone Mandi; Chief Engineer (National Highways), Shimla; Chief Engineer, PMGSY Shimla and Chief Engineer, HPRIDC, Shimla. That there is no sanctioned post of Chief Engineer, Head Office, HPPWD Shimla, where the petitioner has been transferred under notification dated 22.04.2025. It was further submitted that the petitioner has been sent on transfer as Chief Engineer, Head Office, HPPWD, Shimla only for ensuring continuation of respondent No.6 with additional charge of the post of Chief Engineer, HPPWD Zone Hamirpur. This is despite the directions issued in CWP No.12346 of 2024. It was also urged that the petitioner was made to wait for about 04 months for his posting pursuant to his promotion as Chief Engineer (Civil), HPPWD. He was posted under notification dated 02.04.2025 as Chief Engineer (National Highways), HPPWD, Shimla. There was no justification for the respondents to have transferred the petitioner within a short span of 20 days against the non-sanctioned post of Chief Engineer, Head Office, HPPWD, Shimla. Learned counsel for the petitioner further states that after 4 the issuance of impugned notification dated 22.04.2025 (Annexure P-1), respondent No.5 though has joined at the place of the petitioner on the same day, i.e. on 22.04.2025 itself, however, the petitioner has not been relieved as on date. That the petitioner was sent by respondents No.1 to 4 to attend the Annual Plan Meeting, National Highways, scheduled in the office of Ministry of Road, Transport and Highways, New Delhi on 22.04.2025 and he returned on 23.04.2025. On becoming aware of the transfer order on 24.04.2025, he contacted his learned counsel and the petition was prepared and filed on 26.04.2025. 5. On going through the petition and after hearing learned counsel for the petitioner, prima facie, there seems to be force in the contention of the petitioner that respondent No.6 could not have continued to get the additional charge of the post of Chief Engineer, HPPWD Zone Hamirpur. Respondent No.6 has not been promoted as Chief Engineer. He is still a Superintending Engineer. When a regularly promoted Chief Engineer is available, then it is the Chief Engineer, who should have been posted against the sanctioned post of Chief Engineer. The second contention raised for the petitioner also carries force that the petitioner, who was promoted as Chief Engineer on 07.12.2024, is not being given regular posting against the post of Chief Engineer for some reasons, which are beyond comprehension. The petitioner was made to wait for about four months before being posted as Chief Engineer (National Highways), HPPWD, Shimla on 02.04.2025. 20 days later, under impugned notification dated 22.04.2025, he has again been transferred from this post as well and posted as Chief Engineer, Head Office, HPPWD Shimla, which is not a sanctioned post of Chief Engineer. In view of above, the petitioner has made out a case for grant of interim relief. Accordingly, the impugned notification dated 22.04.2025 (Annexure P-1) is stayed till the next date of hearing. The petitioner shall be permitted to continue as Chief Engineer (National Highways), HPPWD, Shimla. List on 20.05.2025.” 5 2. When the matter was listed on 01.07.2025, learned Advocate General prayed for time to resolve the issue in respect of postings of the petitioner as well as respondent No.5 commensurate with their designation against the duly sanctioned posts of Chief Engineer. On 31.07.2025, instructions dated 30.07.2025 were placed on record by the learned Deputy Advocate General, relevant portion of which reads as under: - “Subject:- CWP No.6952 of 2025-Ajay Kapoor Vs. State of Himachal Pradesh & Ors. Sir, I am directed to refer to order dated 01.07.2025, passed by the Hon'ble High Court of Himachal Pradesh in the said case and to say that the competent authority under the State Government has approved the following proposal for transfer and posting of Chief Engineers, Himachal Pradesh Public Works Department:- 1. Er. Ajay Kapoor, Chief Engineer (National Highways), HPPWD, Shimla (under orders of posting as Chief Engineer, Head Office, HPPWD, Shimla) may be continued as Chief Engineer (National Highways), HPPWD, Shimla. 2. Er. Sanjay Kumar Soni, Chief Engineer, Head Office, HPPWD, Shimla (under orders of posting as Chief Engineer (National Highways), Shimla) as Chief Engineer, HPRIDCL (against the post of Director, HPRIDCL), Shimla. You are therefore, requested to apprised the Hon’ble Court accordingly. Yours faithfully (D.C. Rana) Special Secretary (Personnel) to the Government of Himachal Pradesh Phone No.177-2622602” 6 3. Following order was passed on 08.08.2025: - “Learned counsel for the petitioner has no objection in case respondent-State issues fresh orders for posting of petitioner in terms of Sr. No.1 of the instructions dated 30.07.2025 placed on record during hearing of the case on 31.07.2025. 2. Learned counsel for respondent No.5 states that the aforesaid respondent has no objection for the proposal of the State Government contained in the office instructions dated 30.07.2025 placed on record during hearing of the case on 31.07.2025, save and except that in Sr. No.2 against the post of Director ‘HPRIDCL’, word Project should also be inserted. 3. Learned Deputy Advocate General prays for and is granted three days’ time for issuance of appropriate orders. 4. List on 13.08.2025.” Pursuant thereto, following notification dated 12.08.2025 was placed on record during hearing of the case on 13.08.2025 (Flag-A) as under: - “NOTIFICATION The Governor, Himachal Pradesh is pleased to order the transfer & posting of the following Chief Engineers, HPPWD, with Immediate effect, in the public interest: 1. Er. Ajay Kapoor, Chief Engineer (National Highways), HPPWD, Shimla, under orders of transfer as Chief Engineer, Head Office, HPPWD, Shimla, shall continue to function as Chief Engineer (National Highways), HPPWD, Shimla. 2. Er. Sanjay Kumar Soni, Chief Engineer, Head Office, HPPWD, Shimla, under orders of transfer as Chief Engineer, National Highways, HPPWD, Shimla as Chief Engineer (Planning & Design), Himachal Pradesh Road & Infrastructure Development Corporation Limited (HPRIDCL), Shimla against the post of Director (Planning & Design), Himachal Pradesh Road & Infrastructure Development 7 Corporation Limited (HPRIDCL), Shimla, on secondment basis. By Order Prabodh Saxena Chief Secretary to the Government of Himachal Pradesh” 4. Learned counsel for petitioner and respondent No.5 submit that the petitioner and respondent No.5 are agreeable for their transfers in terms of notification dated 12.08.2025. Pursuant to the interim order passed in this petition on 30.04.2025, the petitioner is continuing to serve as Chief Engineer (National Highways), HPPWD, Shimla. Learned counsel for respondent No.5 submits that the said respondent has also joined duties pursuant to notification dated 12.08.2025. Hence, neither the petitioner nor respondent No.5 have any grievance as on date against their transfers. Accordingly, the present petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th August, 2025(rohit)