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Judgment
Jyotsna Rewal Dua, J
Notice. Mr. Lakshay Thakur, Advocate, appears and waives service of notice on behalf of the respondent.
Heard. In view of the nature of order being passed hereinafter, no reply is necessary to be called from the respondent.
Petitioner is an Assistant Engineer in the respondent Himachal Pradesh State Electricity Board Limited. Vide order dated 07.09.2018, he was
transferred from Electrical Sub-Division HPSEBL, Kandaghat, District Solan to Electrical Sub-Division HPSEBL, Haripur, District Kangra. He joined at Electrical Division Haripur in compliance to the aforesaid office order. Now vide order dated 02.06.2021 (Annexure P-2), petitioner has been transferred from (HPSEBL) Electrical Sub Division Haripur, District Kangra, to the office of S.E (PR & ALDC) Shimla against a vacant post.
The grievance of the petitioner in the instant petition is that he has not been allowed to complete his normal tenure at Electrical Sub Division Haripur
and secondly that he is due for superannuation on 31.10.2022. It is also highlighted that the petitioner is also facing adverse family circumstances,
which make it difficult for him at present, to join at the transferred station viz. his aged & infirm parents including that of his daughter, who is studying in 10+2 class at Haripur.
Learned counsel for the petitioner also submitted that no one else has been transferred and posted against the petitioner at Electrical Sub Division
Haripur till date.
Petitioner is a Class-I Officer, therefore, condition of minimum tenure of three years of service at the place of posting prescribed in the transfer
policy, will not be applicable to him. In any case, the petitioner has already completed around two years and seven months at Electrical Sub Division
Haripur, District Kangra. However, considering the submissions made by learned counsel for the petitioner as noticed above, this writ petition is disposed of by permitting the petitioner to file a representation regarding his impugned transfer to the respondent-Board within a period of two weeks from today. In case, such a representation is filed within the aforesaid period then the same be considered and decided in accordance with law by the competent authority within a week thereafter. Ordered accordingly. Till such time, operation of impugned office order dated 02.06.2021 (Annexure
P-2) shall remain stayed, qua the petitioner. Pending miscellaneous applications, if any, shall also stand disposed of.
Copy dasti.