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2025 DAILYLAW 36706 (HP)

BHUVNESHWAR SHARMA v. THE STATE OF HP AND OTHERS

CWP/17656/2025 · 2025-11-13

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17656 of 2025 Decided on: 13th November, 2025 ------------------------------------------------------------------------- Buvneshwar Sharma …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Amar Dev Sharma, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. In view of the nature of impugned order, the pleadings and the order being passed hereinafter, reply of this petition is not required to be called. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner is serving as Junior Engineer in respondent- Jal Shakti Department and he is presently 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 posted at Nalagarh, Sub-Division, Nalagarh, District Solan, H.P. The petitioner has grievance to office order dated 04.11.2025 (Annexure P-2) whereunder he has been transferred to Jal Shakti Division, Baddi without any transfer travel allowance/ joining time. 4. The petition has been assailed by the petitioner on the grounds: i) After serving 32 years in Indian Army, the petitioner was appointed as Junior Engineer with the respondent department on 27.03.2021 and posted as such at Jal Shakti, Sub-Division, Nalagarh, District Solan, H.P.; ii) After about 1 ½ years of his posting at Nalagarh, the petitioner was transferred to Jal Shakti, Sub-Division, Baddi on 01.09.2022. The petitioner complied with transfer order and joined at Baddi,; iii) On 11.02.2024, the petitioner was once again transferred, now to JSV Division, Solan at Dharampur where he served till 12.04.2025; and iv) On 13.04.2025, the petitioner was yet again transferred to JSV Division, Nalagarh where he is currently discharging his duties. Learned counsel for the petitioner submits that under the impugned office order dated 04.11.2025, the petitioner has once again been transferred now from Nalagarh to Baddi; Petitioner has not been allowed to complete his normal tenure not only 3 at the current station but at none of the stations where he had been previously posted. Current is the petitioner’s fourth transfer in last about 04 years. He has only completed seven months at present place of posting. It was also emphasized that not approving TTA/ joining time in favour of the petitioner leads to impression that impugned order was presumably issued at the request of the petitioner whereas no such request was made by him. It was also emphasized that petitioner is even otherwise serving at a distance of 250 Kms away from his home town at District Kangra. It is seen from the record that petitioner had represented to the respondent No.2- Engineer-in-Chief, Jal Shakti department on 06.11.2025 (Annexure P-4) with his grievances against the impugned order. It has been submitted that the aforesaid representation of the petitioner has not been decided as yet. In the background of the pleadings and facts which have come on record, it is deemed appropriate to dispose of this writ petition with direction to respondent No.2/Competent Authority to consider and decide the representation of the petitioner dated 06.11.2025 (Annexure P-4) within three weeks after examining the 4 facts and in accordance with law & applicable policy. The decision so taken be also conveyed to the petitioner. Till decision of the representation, impugned office order dated 04.11.2025 (Annexure P-2) shall remain stayed. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua November 13, 2025 Judge yogesh