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2025 DAILYLAW 19961 (HP)

ANKUSH v. THE HPSEBL AND OTHERS

CWP/11250/2025 · 2025-07-22

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11250 of 2025 Date of decision: 22.07.2025 Ankush. ...Petitioner. Versus Himachal Pradesh State Electricity Board Ltd. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Karan Singh Kanwar, Advocate. For the respondents : Mr. Rahul Thakur, Advocate. Jyotsna Rewal Dua, Judge Petitioner is Junior Engineer serving in the respondent-H.P. State Electricity Board. Under office order 20.03.2025 (Annexure P-1), he was transferred from Electrical Sub Division No.1, Kangra to Electrical Division HPSEBL, Kaza. 2. Learned counsel for the petitioner submits that:- although the petitioner had attempted to join at the transferred place, he could not do so due to his medical condition; The petitioner is suffering from a severe kidney problem and is undergoing treatment at hospitals in Chandigarh. Inviting attention to Annexure P-4 dated 12.05.2025, learned counsel submits that the petitioner has -2- represented to the respondents seeking his adjustment to some other place instead of the Electrical Division, HPSEBL, Kaza, where he was transferred under office order dated 20.03.2025. However, the said representation has not been decided till date. Learned counsel for the petitioner submitted that in the interregnum, the petitioner’s condition has further worsened, which necessitated the institution of this writ petition seeking transfer/adjustment of the petitioner to a place other than the tribal area 3. Learned counsel for the petitioner further submits that the petitioner would be satisfied in case he is permitted to file a comprehensive representation to the respondents/ Competent Authority, indicating his up-to-date medical history, justification in seeking cancellation of impugned order and for not transferring him to a far-off place, including the tribal areas, whereafter, the respondents/Competent Authority be directed to consider and decide the same in accordance with law and by taking into account his adverse medical condition, within a time- bound schedule. This is not objected to by the learned counsel for the respondents -3- 4. In view of above, this writ petition is disposed of by permitting the petitioner to prefer a comprehensive representation within one week from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the same, in accordance with law, within further period of 10 days. The order so passed shall also be communicated to the petitioner. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 22th July, 2025 Judge (Pardeep)