High CourtsSingle Bench(2021) 02 SHI CK 0002

Nitish Kumar vs H.P. S.E.B

High Court Of Himachal Pradesh · Decided on 1 February 2021

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 609 Of 2021

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Judgment

10 paragraphs · 320 words

Anoop Chitkara, J

1.

The petitioner, who is working as Junior Helper at Bhaba Electrical Sub Division No.1., HPSEB Ltd. Katgaon, District Kinnaur, H.P., has come up

before this Court seeking his transfer from Hard/difficult area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding

Principles-2013, issued by the State Government, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard, the petitioner has already made representation, Annexure P-1, which is still pending before the

concerned authority.

2.

Notice. Mr. Lakshay Thakur, Advocate appears and accepts service of notice on behalf of the respondent.

3.

In view of the nature of the order, this Court proposes to pass, no response is required from the respondents.

4.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving

five stations of his choice, which must be spread in more than one district, within a week from today, in the light of clause 16.1 read with clause 16.5

of the transfer policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.