IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2296 of 2025 Date of Decision: 13.08.2025 __________________________________________________________ Avadh Kishore …….Petitioner Versus HPSEB Ltd. ….Respondent __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Daleep Singh Kaith and Ms. Saroj, Advocates. For the Respondents: Mr. Ravinder Thakur, Advocate. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Assistant Engineer office of Superintending Engineer (Design) Electrical System HPSEbL Hamirpur, District Hamirpur, Himachal Pradesh, is aggrieved of impugned transfer order dated 07.02.2025 (Annexure P-1), whereby he has been transferred from afore station to the O/o Managing Director HPPCL, Shimla, on secondment basis, without TTA/JT. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioner is that since the petitioner never gave his consent for secondment, he could not have been transferred on secondment basis. 3. Having taken note of aforesaid grouse raised by learned counsel for the petitioner, this Court, while issuing notice, vide order dated 11.02.2025, also stayed the operation of impugned transfer order. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- 4. Pursuant to afore order, Mr. Ravinder Thakur, learned counsel for the respondents, while inviting attention of this Court to the reply filed under the signature of Under Secretary (Gazetted), Himachal Pradesh State Electricity Board Ltd. Shimla, states that petitioner remained posted mostly in District Hamirpur and at present, no work is available with the department. However, he was unable to dispute that the petitioner was transferred on secondment basis without obtaining his prior consent, which is otherwise a prerequisite for such a transfer. 5. Reliance in this regard is placed upon judgment passed by Hon’ble Division Bench of this Court in CWP No. 5771 of 2020 titled as Er. Ankur Sharma Vs. HP State Electricity Board. Ltd. &Another. In aforesaid judgments, it has been categorically held that consent of a government employee is a mandatory requirement before he can be sent on secondment. 6. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned transfer order is quashed and set aside. Needless to say, respondents are well within their rights to transfer the petitioner, but strictly in terms of Transfer Policy. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. (Sandeep Sharma), Judge August 13, 2025 manjit