IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11783 of 2024 Date of Decision: 24.3.2025 _____________________________________________________________________ Abhishek Kumar ……...Petitioner Versus Himachal Pradesh Power Transmission Corporation Ltd. and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocates. For the respondents: Mr. Shubham Sood, Advocate, for the respondents. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Through instant petition, petitioner has laid challenge to order dated 19.10.2024 (Annexure P-5), whereby representation having been filed by the petitioner, praying therein for his transfer from hard area to soft area on completion of normal tenure at present place of posting, stands rejected. 2. Pursuant to notice issued in the instant proceedings, respondents have filed reply. 3. Conjoint reading of pleadings adduced on record by the respective parties clearly reveals that petitioner was appointed as JE Electrical through Subordinate Service Selection Board on 2.6.2020 and since then he is working at Wangtu Project Kinnaur. Since - 2 - petitioner has almost completed five years in hard area, he approached the competent authority by way of representation but such prayer of him came to be rejected vide impugned order (Annexure P-5) on the ground that there is ban on transfers. 4. Since it is not in dispute that petitioner has completed normal tenure of posting at hard area i.e. two winters and three summers, coupled with the fact that policy framed by the Government of Himachal Pradesh has been adopted by respondent corporation, rightful claim of the petitioner cannot be permitted to be defeated on the ground of ban on transfer. 5. During proceedings of the case, learned counsel for the petitioner made available copy of office order dated 30.11.2024, passed by the Executive Director HPSEBL Vidyut Bhawan, Shimla, perusal whereof reveals that person namely Abhishek Kumar, who was working as JE Electrical at Bhawanagar, has been transferred from hard area to soft area in relaxation of ban on transfers pursuant to order dated 24.8.2024, passed in CWP No. 8551 of 2024, titled Abhishek Kumar v. HPSEBL. Since as per Clause 16.1 of the transfer policy, employee working in hard area is entitled to be transferred to soft area or one of the station of his choice, respondents cannot be permitted to defeat the claim of the petitioner on the ground of ban on transfer. - 3 - 6. Day in and day out, number of orders are being passed by the State of Himachal Pradesh, transferring employees during ban on transfers. As per reply filed by the respondents, transfer can be effected even during the period of ban but with prior approval of the Hon’ble Chief Minister. 7. Consequently, in view of the above, this Court finds merit in the present petition and accordingly same is allowed. Impugned order dated 19.10.2024 (Annexure P-5) is quashed. Respondents are directed to transfer the petitioner from the present place of posting to one of the stations of his choice as detailed in the writ petition after obtaining necessary approval from the Hon’ble Chief Minister, within three weeks. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. March 24, 2025 (Sandeep Sharma), (manjit) Judge