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2025 DAILYLAW 2319 (HP)

VINOD KUMAR v. THE HPSEBL AND OTHERS

CWP/21249/2025 · 2026-01-01

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.21249 of 2025 Date of Decision: 01.01.2026 _______________________________________________________ Vinod Kumar …….Petitioner Versus Himachal Pradesh State Electricity Board Limited & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Nitin Rishi & Mr. Khem Raj, Advocates. For the Respondent: Mr. Virender Singh Kanwar, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Assistant Lineman at Kaffota Section, Sub Division, Shillai, Division Paonta Sahib, District Sirmour, Himachal Pradesh, has approached this Court in the instant proceedings seeking therein direction to the respondents to consider and decide his pending representation dated 09.11.2025 (Annexure P-2), whereby he has prayed for his transfer from afore station to one of the stations as detailed in the representation on the ground that he has already completed normal tenure of posting at present place of posting. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Virender Singh Kanwar, Advocate. Learned counsel for the petitioner states 1Whether the reporters of the local papers may be allowed to see the judgment? 2 that mere completion of tenure of an employee at particular station does not entitle him to seek transfer to other station, rather prerogative in that regard is of the employer to post an employee at particular station as per requirement. 3. True it is that it is the sole prerogative of the employer to post an employee at a particular station, but once transfer policy formulated by the Government of Himachal Pradesh, which has been further adopted by the respondent-Board provides for minimum tenure of three years at one station, coupled with the fact that petitioner has already completed normal tenure of posting at present place of posting, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation dated 09.11.2025 (Annexure P-2), of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate order. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge January 01, 2026 (shankar)