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2025 DAILYLAW 16639 (HP)

BABU RAM v. HPSEBL AND OTHERS

CWP/7064/2024 · 2025-07-24

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7064 of 2024 Decided on: 24th July, 2025 ------------------------------------------------------------------------------------- Babu Ram …..Petitioner Versus Himachal Pradesh State Electricity Board Limited and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.N. Singh and Mr. Devender Sharma, Advocates. For the Respondents: Mr. Virender Singh Kanwar, Advocate, for respondents No.1 to 3. Mr. Bhim Raj Sharma and Ms. Vijay Shree Gautam, Advocates, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge On the recommendations of the Departmental Promotion Committee, petitioner and respondent No.4 (both named ‘Babu Ram’) were promoted as Junior Engineer/ Foreman (Sub-Station). Consequent upon promotion, the petitioner was transferred from Electrical Division Rajgarh to Electrical Division Nahan against the vacant post of Foreman (S/Stn.) vide office order dated 16.07.2024 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 (Annexure P-2). Under the same very order, respondent No.4 was transferred from Electrical Division Nahan to Electrical System Division Nahan against vacant post of Foreman (S/Stn.). In compliance to the above office order, petitioner was relieved by the Assistant Engineer, Electrical Sub-Division, HPSEB Limited Sarahan, District Sirmour on 18.07.2024 to enable him to join at Electrical Division Nahan. 2. Petitioner’s grievance is to the corrigendum issued by the respondent-Board on 18.07.2024 (Annexure P-4), further transferring the petitioner from Electrical Division Nahan to Electrical System Division Nahan. Under the same corrigendum, respondent No.4 has been shown to have been transferred from Electrical System Division Nahan to Electrical Division Nahan. Pursuant to the interim order passed in this writ petition on 22.07.2024, petitioner is currently serving at Electrical Division Nahan. 3. Respondents have sought to justify the issuance of corrigendum dated 18.07.2024 on the ground that because petitioner and respondent No.4 had the same name, an error had occurred while giving effect to the orders passed by the competent authority in transferring 3 them and consequently incorrect posting orders were assigned to the petitioner & respondent No.4 on 16.07.2024, which were sought to be rectified under corrigendum dated 18.07.2024. 4. Learned counsel for the petitioner contended that in terms of a note figuring in office order dated 16.07.2024, respondent No.4 could not have been transferred to Electrical Division Nahan as this was his Home Sub-Division. The aforesaid note reads as under:- “On joining of above named officials they may not be posted at their Home Sub-Divn. as per instructions of HP Govt. and adopted by the HPSEB Ltd.” Names of petitioner and respondent No.4 figure at Sr. Nos.34 and 32, respectively, in office order dated 16.07.2024 and its an admitted position that the afore- extracted note applies to both of them. Petitioner’s contention that respondent No.4 belongs to Nahan Sub- Division and therefore, could not have been transferred to the aforesaid place, has not been refuted by none of the respondents including respondent No.4. No other point was urged. 5. In view of the admitted position that in terms of note figuring in office order dated 16.07.2024, respondent 4 No.4 could not have been transferred to his Home Sub- Division Nahan, the impugned corrigendum dated 18.07.2024 (Annexure P-4) issued by the respondent- Board, is quashed and set aside qua the petitioner and respondent No.4. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 24, 2025 Judge Mukesh