1 ( 2025:HHC:3059 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2509 of 2025 Decided on: 21.02.2025 Nav Chander ...Petitioner Versus HPSEBL & Ors. ...Respondents Coram: HON'BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE WHETHER APPROVED FOR REPORTING? No For the petitioner : Mr. Raman Parashar, Advocate. For the respondents : Mr. Rahul Thakur, Advocate. Ranjan Sharma, Judge Heard. 2. Mr. Rahul Thakur, Advocate, appears and waives service of notice on behalf of the respondents-State. 3. The petitioner has filed the writ petition with the following prayer:- (i) That writ in the nature of certiorari may kindly be issued against the respondents by quashing impugned office orders dated 17.01.2025, Annexure P-1, being illegal and arbitrary. 2 ( 2025:HHC:3059 ) (ii) That writ in the nature of mandamus may very kindly be issued directing the respondent follow the transfer policy vide Office Memorandum dated 10.07.2013 to transfer the petitioner to some other vacant place of posting as there are two vacant posts i.e. one post nearest tribal area at Bharmour Sub-Division and another vacant post at Elect. Sub Division Dalhousie under Division Dalhousie at Chamba in the interest of justice equity and fair play. (iii) That the respondents may kindly be directed to decide the representation of the petitioner dated 05.02.2025 as per the facts mentioned in the present petition.” 4. In the background of the relief(s) claimed, Learned Counsel for petitioner assailed the orders of transfer dated 17.01.2025 [Annexure P-1] transferring him as Junior Engineer (E) from Elect. Sub Division No. II, Chamba under Elect. Division Chamba to Electrical Division Kaza against which, the petitioner submitted a representation to Respondent No.1- Executive Director (Pers.) [Annexure P-5], requesting for cancellation of transfer in view of the hardships and the facts mentioned therein. 5. It is further submitted that pursuant to the orders dated 17.01.2025 [Annexure P-1], the substitute has 3 ( 2025:HHC:3059 ) not joined in place of the petitioner as yet but the petitioner has been relieved in absentia. Learned Counsel for petitioner submits, on Instructions, that petitioner shall be satisfied, in case, the Respondent No.1- Executive Director (Personnel), HPSEBL is directed to examine the representation to point out hardships, which is pending as yet. 6. Per-contra, Learned Counsel for Respondents- Board states that the factum of joining of the substitute, in place of petitioner needs to be verified. However, Learned Counsel for Respondents-Board, states that in case, the representation [Annexure P-5], made by petitioner against the orders dated 17.01.2025 [Annexure P-1] is still pending and has not been decided as yet, the same shall be considered/examined and appropriate orders shall be pass thereon, expeditiously. 7. Taking into account the entirety of the facts and circumstances and with the consent of Learned Counsels for the parties herein, this Court disposes of the 4 ( 2025:HHC:3059 ) instant writ petition, at this stage, leaving all questions open, with the following directions:- (i). Respondent No.1- Executive Director (Personnel), HPSEBL shall examine the undated representation [Annexure P-5], made against the transfer orders dated 17.01.2025 [Annexure P-1] and shall pass appropriate orders thereon, in accordance with law, after affording personal hearing to petitioner on or before 15.03.2025; (ii). Needless to say, that this Court had not averted to the merits and rival claim in contentions; which are left open for authorities to be considered and examined in accordance with law; (iii). However, in the interim, in case, the substitute has not joined and the work is available, respondents shall permit the petitioner to continue at the present place of posting [Elect. Sub-Division No.II, HPSEBL, Chamba], till the decision of representation. 5 ( 2025:HHC:3059 ) In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand disposed of. (Ranjan Sharma) Vacation Judge February 21, 2025 (Shamsh Tabrez)