Extracted from the PDF above. The PDF is authoritative.
2025:HHC:39946
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP
No.604 of 2022
Decided on: 24
th November, 2025
_____________________________________________________ Ashok Kumar-1
....Petitioner Versus HRTC and another
...Respondents ______________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Nishant Khidtta, Advocate. For the respondents: Ms. Shubh Mahajan, Advocate. Jiya Lal Bhardwaj, Judge (Oral)
By medium of the present writ petition, the petitioner assailed office order dated 04.12.2021 (Annexure P-5), whereby he was transferred by the respondent-Corporation from Reckong-peo to Bilaspur. When the petitioner was not relieved of his duties, the respondent-Corporation passed an office order on 28.01.2022 directing the Regional Manager, HRTC, Reckong-peo to relieve the petitioner, who was working as an Accountant. 2. The petitioner has stated in the petition that he was appointed as a Conductor vide office order dated 02.07.2011 and joined his duties in the office of Regional Manager of the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 respondent-Corporation at Reckong-peo and working there since then. However, he has submitted that he is discharging duties of Clerk w.e.f. 22.02.2012 and as Senior Assistant from the year
2016. The petitioner has stated that since he had been discharging the duties of Clerk, Senior Assistant and Accountant and these posts are lying vacant, the action of the respondent- Corporation to transfer him from Reckong-peo to Bilaspur on the post of Conductor is illegal, unjustified and against the public interest. 3. On 02.02.2022 when the matter was taken up by this Court, the impugned orders dated 04.12.2021 (Annexure P-5) and 28.01.2022 (Annexure P-11) were stayed. 4. Today, another petition instituted by the petitioner regarding change of his designation registered as CWP No.4788 of 2022 was also listed and the said petition has been allowed, vide separate judgment of even date. Since the petition instituted by the petitioner bearing CWP No.4788 of 2022 has been allowed, the impugned orders dated 04.12.2021 (Annexures P-5) and 28.01.2022 (Annexures P-11) cannot stand while posting the petitioner as Conductor at Bilaspur. 5. The petitioner has stated in the petition that he is
3 working at Reckong-peo since 2011.
Therefore, the respondent- Corporation is at liberty to transfer the petitioner from Reckong-peo to any other place, but not on the post of Conductor since the claim preferred by the petitioner has been allowed and directions have been issued to the respondent-Corporation to change his designation from Conductor to Clerk w.e.f. 22.02.2012, when he has been assigned the duties of clerk. 6. Accordingly, the impugned orders dated 04.12.2021 (Annexure P-5) and 28.01.2022 (Annexure P-11) issued by the respondent-Corporation qua the petitioner are quashed with liberty to the respondent-Corporation to transfer the petitioner after change of his designation. 7. Accordingly, the writ petition stands disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, shall also stand disposed of. 24 th November, 2025
( Jiya Lal Bhardwaj ) (ankit) Judge