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2025 DAILYLAW 14066 (HP)

PREM NADH v. HPSEBL AND ANOTHER

CWP/7729/2025 · 2025-05-09

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7729 of 2025 Date of Decision:09.05.2025 _______________________________________________________ Prem Nadh …….Petitioner Versus Himachal Pradesh State Electricity Board Limited & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashok Kumar, Advocate. For the Respondents: Mr. Anil Kumar, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Senior Assistant in the office of Chief Engineer (ES) Himachal Pradesh State Electricity Board Limited, Hamirpur, District Hamirpur, Himachal Pradesh, is aggrieved of order dated 03.05.20025(Annexure P-2), whereby he has been ordered to be transferred from aforesaid station to Electrical Division, Himachal Pradesh State Electricity Board Limited, Kaza. Though, petitioner herein has fairly admitted that for more than 23 years, he is posted at Hamirpur, but his precise claim is that since he hails from State of Kerala, it may not be possible for him to work in extreme cold conditions at Kaza. Besides above, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 documents placed on record suggestive of the fact that petitioner is not medically fit and he is to undergo surgery on 4th June, 2025. 2. While putting in appearance on behalf of the respondents, Mr. Anil Kumar, Advocate states that since petitioner remained posted at one station for more than 23 years, coupled with the fact that he has never served in hard area, no illegality can be said to have been committed by the respondents, while ordering his transfer. He further submits that transfer of the petitioner otherwise has been necessitated on account of disposal of representation filed by person namely, Sh. Rakesh Himalayan, who had approached this Court by way of CWP No. 3153 of 2025. 3. Having regard to the nature of the prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Anil Kumar, Advocate. 4. Though, having taken note of the fact that petitioner is posted at present placing of posting for more than 23 years, coupled with the fact that he has never served in hard area, this Court sees no reason to interfere in the impugned transfer order,however, having taken note of illness of the petitioner, as is evident from the documents placed on record, this Court deems it fit to dispose of the present petition, with a direction to the respondents to consider and 3 decide pending representation (Annexure P-4) of the petitioner expeditiously, preferably within a period of one week. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon, taking note of medical condition of the petitioner. Till the time representation, filed by the petitioner is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge May 09,2025 (shankar)