Raju vs H.P. State Electricity Board Ltd

Tarlok Singh Chauhan, J

By medium of this petition, the petitioner has sought his transfer from tribal area to a soft area in terms of the Policy framed by the respondent-

Board.

Admittedly, the petitioner has completed his normal tenure of service and is, thus, entitled to be transferred to a soft area.

The only ground taken by the respondent for not transferring the petitioner is that a substitute has not been appointed or joined at the place of the

petitioner.

This Court has deprecated the practice of the respondent for insisting for a substitute so as to relieve the petitioner, who is entitled to be transferred

to a soft area. It is for the respondent being an employer to provide and ensure that a substitute joins at the transferred station and mere fact that a

substitute does not join cannot be a ground for not relieving the petitioner.

The respondent being employer would be well within its right to initiate disciplinary proceedings against the employee, who fails to adhere to the

transfer order, especially, when posted in a tribal area.

Consequently, the present petition is disposed of with a direction to the respondent to relieve the petitioner and and transfer him to one of the five

stations, as mentioned in para-6 of the petition, as respondent may deem fit. The needful be done within two weeks.

For compliance to come up on 31.12.2020.