IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8573 of 2025 Date of Decision: 29.05.2025 _____________________________________________________________________ Surjeet Kumar ……...Petitioner Versus HPSEBL & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Dushyant Dadwal, Advocate. For the respondents: Mr. Ravinder Thakur, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Senior Executive Engineer at Electrical Division Lambagaon, HPSEBL, Lambagaon, District Kangra, Himachal Pradesh, is aggrieved of impugned transfer order dated 23.04.2025 (Annexure P-1), whereby he has been transferred from afore station to the O/o Directorate of Energy Shimla on secondment basis, without TTA/JT. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioner is that since the petitioner never gave his consent for secondment, he could not have been transferred on secondment basis. 3. Having taken note of aforesaid grouse raised by learned counsel for the petitioner, this Court, while issuing notice, vide order dated 23.05.2025, also stayed the operation of impugned transfer order. 4. Pursuant to afore order, Mr. Ravinder Thakur, learned counsel for the respondents, while placing on record instructions dated 23.05.2025 issued under the signatures of Under Secretary (GE), Himachal Pradesh State Electricity Board Ltd. Shimla, states that petitioner remained posted mostly in District Kangra, especially in and around Tehsil Palampur. However, he was unable to dispute that the petitioner was transferred on secondment basis without obtaining his prior consent, which is otherwise a prerequisite for such a transfer. 5. Reliance in this regard is placed upon judgment passed by Hon’ble Division Bench of this Court in CWP No. 5771 of 2020 titled as Er. Ankur Sharma Vs. HP State Electricity Board. Ltd. & another. In aforesaid judgments, it has been categorically held that consent of a government employee is a mandatory requirement before he can be sent on secondment. 6. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned transfer order is quashed and set aside. Needless to say, respondents are well within their rights to transfer the petitioner but strictly in terms of Transfer Policy. However, while doing so, respondents may 2 take note of the fact that petitioner is to retire within a period of less than two years. As per Transfer policy formulated by the Government of Himachal Pradesh, which has been adopted by the respondent- board, employee nearing retirement is required to be given station of his choice. Pending application(s), if any, stand disposed of. May 29, 2025 (Sandeep Sharma), (sunil) Judge 3