Neutral Citation No. - 2025:AHC-LKO:16755 Court No. - 3 Case :- WRIT - A No. - 3137 of 2025 Petitioner :- Ravindra Nath Respondent :- Union Of India Thru. Secy. Ministry Of Power New Delhi And 7 Others Counsel for Petitioner :- Shailendra Singh Chauhan,Abhiram Mishra Counsel for Respondent :- A.S.G.I.,Mohd. Yasir,Navneet Yadav,Prashant Ranjan Hon'ble Rajesh Singh Chauhan,J. Heard Sri Shailendra Singh Chauhan, learned counsel for the petitioner, Sri Upendra Nath Mishra, learned Senior Advocate assisted by Sri Prashant Ranjan, learned counsel for the opposite party nos. 2 to 7 and Sri Ashwani Kumar Singh, learned counsel for the opposite party no. 1. In view of the proposed order, notice to opposite party no. 8 is hereby dispensed with. This is the second round of litigation, inasmuch as the petitioner filed one Writ-A No. 2134 of 2025, challenging the transfer order dated 27.01.2025, 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"). This Court vide order dated 24.02.2025 disposed of the aforesaid writ petition. The order dated 24.02.2025 reads as under:- "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. " In compliance of the aforesaid order, the decision has been taken by the competent authority, rejecting the grievance of the petitioner vide order dated 13.03.2025 (Annexure No. 1). Learned counsel for the petitioner has submitted that vide his representation dated 13.02.2025 (Annexure No. 11), the fact relating to the examination of the daughter of the petitioner was indicated, wherein, it has been indicated that the examination of his daughter would be finalised on 24.03.2025, but the said examination would be finalised on 27.03.2025, and that fact has not been considered by the competent authority while rejecting the grievance of the petitioner. Shri Upendra Nath Mishra learned Senior Advocate has stated that so far as the argument of the petitioner that he has been transferred from soft posting to hard posting is misconceived in asmuch as by means of the transfer order dated 27.01.2025 the petitioner has been Transferred from Lucknow to Himachal Pradesh, which is a soft posting for him inasmuch as the petitioner is a domicile of Himachal Pradesh and in view of clause 3.16 of NHPC transfer policy (Annexure No. 6), the posting of an employee in the State of domicile would be treated as his/her home posting, i.e., soft posting irrespective of its location. Therefore, transferring the petitioner from Lucknow to Himachal Pradesh would be treated as his soft posting. Shri Mishra has further submitted that having considered the peculiar circumstance of opposite party no. 8, he has been transferred to Lucknow. So far as the examination of the daughter of the petitioner is concerned, Shri Mishra has submitted on the basis of instructions that the petitioner maybe accommodated till completion of the examination of the daughter of the petitioner, but after completion of that examination, the petitioner will have to submit his joining at the transferred place. On that Shri Shailendra Singh Chauhan has submitted that after completion of that examination on 27.03.2025, the petitioner will have to make necessary arrangements to get her daughter admitted in next class. Therefore, after completion of the examination, some more time may be given to the petitioner. Shri Chauhan has given undertaking on behalf of the petitioner that he will submit his joining at the transferred place in compliance of the order of this court. Having heard the learned counsel for the parties and having perused the material available on record, since, the transfer is an exigency of service, therefore, such transfer order may not be interfered unless the transfer order has been passed against the statutory rules or by the incompetent authority or in a colourable exercise of powers etc., but if the transfer order has been passed by the competent authority, strictly as per the transfer policy of the department, such transfer order should not be interfered. Since, the examination of the daughter of the petitioner for class 10th would be completed on 27th March 2025, therefore, the opposite parties may accommodate the petitioner till 15th April 2025 at the present place of posting. Thereafter, the petitioner shall submit his joining at the transfer place on 16th April, 2025. It is needless to say that if the petitioner does not submit his joining at the transfer place in terms of the aforesaid order and undertaking of the petitioner, the benefit of this order would not be provided to the petitioner. The writ petition is finally dispose of. Order Date :- 24.3.2025/Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench