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2025 DAILYLAW 14227 (HP)

SUPA RAM v. HRTC AND OTHERS

CWP/7855/2025 · 2025-08-12

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7855 of 2025 Date of Decision: 12.08.2025 __________________________________________________________ Supa Ram …….Petitioner Versus HRTC and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Parkash Sharma, Advocate. For the Respondents: Mr. Deepak Sharma, Advocate, for respondents No.1 & 2. Mr. Naresh Verma and Ms. Bhawna Sharma, Advocates, for respondent No.3. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Conductor, at Nahan Unit and is posted in Booking Office, HRTC, Dehradun, Uttarakhand, is aggrieved of office order dated 07.05.2025 (Annexure P- 3), whereby he has been transferred from afore station to Nalagarh Unit. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Parkash Sharma, learned counsel representing the petitioner is that impugned transfer order dated 07.05.2025 (Annexure P-3) is in violation of the Transfer Policy, formulated by the Government of Himachal Pradesh, because he has been transferred from Nahan Unit to Nalagarh Unit within a short span of nine months. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- 3. While referring to order dated 03.10.2023, passed by this Court in CWP No.3287 of 2023, titled Supa Ram Vs. HRTC (Annexure P-1), Mr. Parkash Sharma, learned counsel representing the petitioner, states that respondents having taken note of the representation filed by the petitioner had shifted petitioner from Nahan to Dehradun on the ground of adverse family circumstances, but yet again, within a short span of nine months, that too on the basis of D.O. note, petitioner is being dislodged, with a view to accommodate private-respondent, who has been transferred from Nalagarh Unit in place of the petitioner. It is also averred in the petition that private-respondent has not completed normal tenure of posting at Nalagarh and as such, he is otherwise not entitled to be transferred at the place of petitioner. 4. Though respondents No.1 & 2-Corporation in its reply submitted that petitioner was locally shifted from Nahan Bus Stand to Dehradun Booking Office, which is under the jurisdiction of Nahan Unit, along with two another Conductors for smooth functioning of Booking Office, as one of the Conductor is going to retire in November, 2025, but there is no explanation for transferring the private-respondent to Dehradun, in place of petitioner, that too without there being completion of normal tenure of posting at Nalagarh. 5. Learned counsel representing the private-respondent after having perused the reply filed by respondents No.1 & 2-Corporation, wherein it has been stated that one of the post of Booking Clerk is going -3- to fall vacant in November 2025, fairly states that private-respondent would be content and satisfied in case he is considered for transfer to Dehradun in the month of November 2025 or any place, falling under Nahan Unit. 6. Mr. Deepak Sharma, learned counsel representing the respondents No.1 & 2-Corporation fairly states that as and when post at Dehradun falls vacant, case of private-respondent shall be considered for the same. 7. Consequently, in view of aforesaid statement given by learned counsel representing the respondents No.1 & 2-Corporation as well as private-respondent, nothing remains to be adjudicated in the instant proceedings. Impugned order dated 07.05.2025, thereby transferring the petitioner from Nahan Unit to Nalagarh Unit is quashed and set-aside with the further direction to respondents No.1 & 2- Corporation to ensure that as and when one post of Conductor falls vacant at Dehradun, private-respondent herein shall be considered for the same or at any vacant place under the Nahan Unit. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge August 12, 2025 (Rajeev Raturi)