IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.13109 of 2024 Date of Decision: 17.12.2025 _____________________________________________________________________ Ranjan Kumar Gupta ……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? ________________________________________________________________________ For the Petitioner: Mr. Hamender Singh Chandel, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. Mr. Anuj Bali, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Executive Engineer (Civil), HPPWD Division No.2, Bilaspur, is aggrieved of order dated 13.11.2024 (Annexure P-1), whereby he has been transferred from afore station to HPPWD CMU Division HPRIDC Bilaspur, against vacant post. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Hamender Singh Chandel, learned counsel representing the petitioner is that impugned transfer order is in violation of the Transfer Policy, formulated by the Government of Himachal Pradesh, because -2- petitioner has not been permitted to complete his normal tenure of posting at the present place of posting and his transfer has been effected on the basis of U.O. note, issued from the office of Hon’ble Minister of Public Works Department, whereby recommendation came to be made that Mr. Achhar Singh, private-respondent No.3, Assistant Engineer (Civil), HPPWD Sub-Division, Shri Naina Devi Ji, may be given charge of post of Executive Engineer (Civil), HPPWD Division No.2, Bilaspur, in addition to his own duties. 3. Pursuant to notices issued in the instant proceedings, respondents/State as well as private-respondent No.3 have filed replies, perusal whereof though suggests that petitioner has been working as Executive Engineer (Civil), HPPWD Division No.2, Bilaspur, since 08.03.2024, but he has been shifted from one Division to another Division in public interest against vacant post. 4. Vide order dated 18.11.2024, this Court, having taken note of grouse of the petitioner that he has been transferred solely with a view to accommodate the private-respondent No.3, who is otherwise not competent to be transferred against the post occupied by the petitioner on account of his being Assistant Engineer, directed parties to maintain status quo ante as it existed before the issuance of notification dated 13.11.2024. As a consequence of aforesaid order passed by this Court, petitioner herein is continuing to work as -3- Executive Engineer (Civil), HPPWD Division No.2, Bilaspur. To verify correctness of allegations levelled by petitioner with regard to issuance of U.O. note, this Court specifically directed learned Additional Advocate General to produce record. 5. Pursuant to afore direction issued by this Court, learned Additional Advocate General has produced record, perusal whereof reveals that request was received regarding transfer of petitioner from HPPWD Division No.2, Bilaspur to CMU Division HPRIDC, Bilaspur, against vacancy and giving charge of Executive Engineer (Civil), HPPWD Division No.2, Bilaspur to Mr. Achhar Singh, who is presently working as Assistant Engineer in HPPWD Shri Nanina Devi Ji, District Bilaspur and is likely to be promoted as Executive Engineer, from the office of Hon’ble Minister of Public Works Department. Taking note of aforesaid request, Hon’ble Chief Minister approved the file on 12.11.2024, as a result thereof, vide order dated 13.11.2024, petitioner herein came to be transferred from one Division to another Division. 6. Though this Court having taken note of the fact that on account of passing of order dated 18.11.2024, petitioner herein can be said to have completed more than two years as Executive Engineer (Civil) at HPPWD Division No.2, Bilaspur, coupled with the fact that he has been shifted from one Division to another Division, however, this -4- Court is not inclined to accept the submission of learned counsel representing the petitioner that petitioner has been transferred on the basis of U.O. note for the reason that U.O, note, on the basis of which impugned transfer order dated 13.11.2024 came to be passed, was issued from the office of Hon’ble Minister of Public Works Department. The concerned Minister, being over all Incharge of Public Works Department, can always make request to Hon’ble Chief Minister for adjustment/posting of an employee working in the Public Works Department. 7. Moreover, this Court finds that Hon’ble Minister, while requesting for transfer of petitioner, never asked to post him out of Bilaspur, rather he requested to shift him to another Division i.e. Himachal Pradesh Road and Infrastructure Development Corporation, which is also a subsidiary of Public Works Department. However, this Court is persuaded to agree with learned counsel representing the petitioner that while recommending the transfer of the petitioner from one Division to another Division, there was no occasion, if any, for concerned Minister to make request to hand-over the charge of the post, presently occupied by the petitioner to private respondent No.3, who admittedly at present is working as Assistant Engineer at Shri Naina Devi Ji and is not competent to hold the post of Executive -5- Engineer, especially when four Assistant Engineers are already available in Bilaspur. 8. Consequently, in view of the above, this Court sees no reason to interfere with the impugned transfer order and as such, same is upheld, however, this Court deems it fit to dispose of the present petition with the direction to respondents to ensure that full- fledged Executive Engineer (Civil) is posted at the place of the petitioner and if full-fledged Executive Engineer (Civil) is not available for some reasons, charge, if required to be given of the post presently occupied by the petitioner, be given to an officer, who is presently working in Bilaspur and not Shri Naina Devi Ji. Ordered accordingly. Pending applications, if any, also stand disposed of. December 17, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge