HAZAR SINGH v. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND OTHERS
CWP/12790/2025 · 2025-09-05
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22503 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22503 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12790 of 2025
Date of decision: 05.09.2025 Hazar Singh.
...Petitioner. Versus Himachal Pradesh State Electricity Board Ltd. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioners : Mr. Avinash Jaryal, Advocate.
For the respondents : Mr. Anil Kumar, Advocate.
Jyotsna Rewal Dua, Judge Petitioner is presently serving as Senior Assistant in the respondent-State Electricity Board. On 23.04.2025, he was transferred and posted at Electrical Sub-Division HPSEBL, Salooni under Electrical Division HPSEBL, Dalhousie. Petitioner’s grievance is to the office order dated 26.07.2025 (Annexure P-1) whereunder he was transferred from Electrical Sub-Division HPSEBL, Salooni to Electrical Sub-Division HPSEBL, Dalhousie under Electrical Division HPSEBL, Dalhousie, against vacancy.
2.
The aforesaid transfer has been assailed on the ground that petitioner was posted at Electrical Sub-Division
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HPSEBL, Salooni, only on 23.04.2025. Petitioner had completed just about three months, when he was transferred to Electrical Sub-Division HPSEBL, Dalhousie from Electrical Sub-Division HPSEBL, Salooni.
Since the transfer was effected under the impugned order on the ground that the post held by the petitioner was declared surplus, a contention has been raised on behalf of the petitioner that he was wrongly declared surplus, whereas incumbents with longer tenures continue to serve at the Electrical Sub-Division, HPSEBL, Salooni, including respondent No.4.
3.
Noticing the contention of the petitioner, following
order was passed in the matter on 07.08.2025:-
“Notice at this stage is confined to respondents No.1 to 3, which is waived by Ms. Nisha, Advocate appearing vice Mr. Anil Kumar, learned counsel. Petitioner’s grievance is to the office order dated 26.07.2025, under which he has been transferred from Electrical Sub Division HPSEBL, Salooni under E.D. Dalhousie to Electrical Sub Division HPSEBL, Dalhousie under E.D. Dalhousie against vacancy.
Learned counsel for the petitioner submits that petitioner has been wrongly declared as surplus at Electrical Sub Division Salooni, whereas, incumbents having longer stays are still serving at Electrical Sub Division Salooni. Let learned counsel for respondents No.1 to 3 place on record instructions/file reply by the next date of hearing. List on 14.08.2025.”
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4. Pursuant thereto, respondent-Board has placed on record the instructions dated 13.08.2025. Learned counsel for the respondent-Board submits that instructions reflect the stand of the respondents and no separate reply is intended to be filed. In terms of the stand taken by the respondents:- 4(i). HPSEB Ltd. has initiated a comprehensive process of rationalization of staff/posts within the organisation with the primary objective of reducing the overall employee cost. This process has been necessitated in view of the directives issued by the Himachal Pradesh Electricity Regulatory Commission, which has directed the respondent-Board to take effective measures for curtailing its high employee-related expenditure. 4(ii). Pursuant to the directives issued by HPERC, structural reforms have been undertaken, whereby various field units and offices under different Wings of the organisation have either been merged, clubbed, or closed as part of the rationalization exercise. As part of this process, even the post of Director (Civil) of respondent-Board has been abolished on 04.12.2024. -4-
4(iii). The rationalization process within the respondent- Board is a continuous and ongoing exercise aimed at progressively reducing the high employee cost of the organisation. This process is being implemented in a phased and systematic manner. In exigency of working and in the larger interest of curtailing employee-related expenditure, the respondent-Board has also ordered re-organization and rationalization of its manpower requirements of the staff/posts under its Operation Wing with immediate effect. A separate office order has also been issued in this regard on
26.08.2025. Under this decision, 159 posts of Senior Assistant have been declared surplus, including the post of Senior Assistant held by the petitioner in Electrical Sub-Division HPSEBL, Salooni under Electrical Division HPSEBL, Dalhousie. 4(iv). The posts declared as surplus are not to be filled up by transfer or promotion. These shall remain in the surplus pool of the Board Secretariat, to be kept in abeyance until further orders. It is for this reason that post held by the petitioner was declared as surplus and the petitioner was accordingly transferred on 26.07.2025.
The said order is not a routine transfer based on completion of normal tenure, but
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is the direct and inevitable consequence of the rationalization process undertaken by the respondent-Board in accordance with its policy to optimize manpower deployment for reducing employee costs. 4(v). The office instructions also state that respondent No.4, was allowed to remain at Electrical Sub-Division HPSEBL, Salooni, considering her special circumstances, including her being a widow. 4. In view of the circumstances detailed behind the issuance of impugned order, as explained by the respondents in the office instructions, no case for interference with the impugned order is called for. Respondent-Board has amply justified transferring the petitioner from Electrical Sub- Division HPSEBL, Salooni under Electrical Division HPSEBL, Dalhousie to Electrical Sub-Division HPSEBL, Dalhousie under Electrical Division HPSEBL, Dalhousie. Hence, this writ petition is dismissed. All pending miscellaneous application(s), if any, to stand disposed of. Jyotsna Rewal Dua 5th September, 2025
Judge (Pardeep)