Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3429 of 2025
Date of Decision: 12.3.2025 _____________________________________________________________________ Sunder Singh ……...Petitioner Versus Himachal Pradesh State Electricity Board Ltd. and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Digvijay Singh Thakur Mr. Abhinav Purohit and Mr. Saurabh Ahluwalia, Advocates. For the respondents: Mr. Virender Singh Kanwar, Advocate. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Since representation having been filed by the petitioner for transferring him from hard area to soft area is not being considered by the competent authority, he is compelled to approach this court in the instant proceedings, praying therein to issue directions to the respondents to consider and decide the pending representation of the petitioner (Annexure P-6) in a time bound manner. 2. Having perused averments contained in the petition, which is duly supported by an affidavit, this Court finds that petitioner herein has been working as Electrician at Bhawa Power House, Bhawanagar, District Kinnaur, Himachal Pradesh w.e.f. 30.9.2022. Since petitioner has already completed normal tenure of posting i.e.
- 2 - two winters and three summers, he has filed representation to the competent authority for his transfer, but till date, same is pending adjudication. 3. Having regard to the nature of prayer and order proposed to be passed, this court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Virender Singh Kanwar, Advocate. He states that pending representation, if any, shall be decided expeditiously. 4. Since there is a specific provision contained in the transfer policy with regard to transfer of employee serving in the hard area to the soft area or a station of choice after his/her having completed normal tenure of posting coupled with the fact that petitioner has already approached the competent authority by way of representation, there appears to be no impediment in issuing direction as sought for. 5. Consequently, in view of the above, this Court without going into the merits of the case deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation (Annexure P-6) of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly.
Needless to say, authority concerned, while affording opportunity of hearing to the petitioner shall also take note of the transfer policy formulated by the Government of Himachal Pradesh and further adopted by the respondent-Board and pass an order thereupon. Liberty is reserved to
- 3 - the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. March 12, 2025
(Sandeep Sharma), (manjit)
Judge