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2025 DAILYLAW 5015 (HP)

MOHINDER SINGH v. THE HPSEBL AND OTHERS

CWP/408/2025 · 2025-01-06

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.408 of 2025 Decided on: 6th January, 2025 _________________________________________________________________ Mohinder Singh ....Petitioner Versus HPSEBL & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Hemant Kumar, Advocate. For the respondents: Mr. Rahul Thakur, for respondents No.1 and 2. Nemo for respondents No.3 and 4 Jyotsna Rewal Dua, Judge Respondent No.3 instituted CWP No. 10267 of 2024, seeking direction to the respondents to decide his representation within a time bound schedule. The aforesaid writ petition was disposed of on 17.09.2024 with direction to the respondents-HPSEBL to decide the representation of respondent No.3-Desh Raj, sympathetically within four weeks. (ii) In compliance to the aforesaid order, respondents- 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - HPSEBL decided respondent No.3’s representation. Accordingly office order was issued on 29.11.2024, adjusting respondent No.3-Desh Raj vice respondent No.4-Anil Kumar or in other words, respondent No.3-Desh Raj, serving at Electrical Sub Division Kurthala, was adjusted in Electrical Sub Division No.1, Chamba under Electrical Division Chamba and respondent No.4-Anil Kumar was transferred from Chamba to Electrical Sub Division, Kurthala. (iii) Respondent No.4-Anil Kumar, instituted CWP No. 14677 of 2024, on the ground that he has been transferred from Chamba to Kurthala vice respondent No.3-Desh Raj; Kurthala is a tribal area; Respondent No.4-Anil Kumar had already served at Bharmour-a tribal area, therefore, he could not have been transferred vide respondent No.3-Desh Raj. (iv) Taking note of the contentions raised by respondent No.4-Anil Kumar, interim order was passed on 05.12.2024 in CWP No.14677 of 2024, staying the transfer of respondent No.4-Anil Kumar from Chamba to Kurthala. It was further ordered that respondent No.4-Anil Kumar was to be allowed to continue to serve at Chamba and respondents- - 3 - HPSEBL was at liberty to adjust respondent No.3-Desh Raj at any other station. 2. Pursuant to the above order, respondents- HPSEBL passed fresh transfer order on 30.12.2024, now adjusting respondent No.3-Desh Raj vice the present petitioner or in other words, respondent No.3-Desh Raj was ordered to be transferred from Electrical Sub Division Kurthala to Electrical Sub Division No.1, Chamba, where the petitioner was posted and the petitioner was ordered to be transferred to Electrical Sub Division Kurthala. Petitioner has taken exception to the aforesaid transfer order dated 30.12.2024 (Annexure P-4), whereby he has been transferred from Chamba to Kurthala. 3. Learned counsel for the petitioner submits that petitioner has been transferred during mid academic session. Petitioner’s son is studying in eighth class in a school at Chamba and his final examinations are scheduled to be held in the month of March, 2025. Hence, studies of petitioner’s son will be adversely affected. 4. Perusal of the impugned order dated 30.12.2024 reflects that petitioner is serving in Electrical Sub Division - 4 - No.1, Chamba w.e.f. 12.08.2009 till date. He has also availed promotions at the same place. Petitioner has also not served in any tribal/hard area. Petitioner, who has remained posted at one place/ Division for the last 14 years, has also been promoted and even then continued to enjoy posting at that very place, cannot be heard to complain against his transfer now effected on 30.12.2024. Insofar as the ground of petitioner’s son being a student of 8th standard in a school at Chamba is concerned, during hearing of the case, learned counsel for the petitioner submitted that petitioner’s wife is serving in Police Department and is posted at Chamba. 5. In view of above, no interference with the petitioner’s transfer from Electrical Sub Division No.1, Chamba to Electrical Sub Division Kurthala is called for. The writ petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge January 6, 2025 R.Atal