Darshan Kumar vs H.P.S.E.B. Ltd. & Others
2021 Latest Caselaw 3719 HP

                                                    1



                     HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                        CWP No. 3639 of 2021

                                                        Date of decision: 06.08.2021




                                                                                         .

           Darshan Kumar                                                         ...Petitioner

                                              Versus





           H.P.S.E.B. Ltd. & Others                ...Respondents
           ____________________________________________________





           Coram:
           The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice

           The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge


           Whether approved for reporting1 :


            For the Petitioner:               Mr. Ajay Sharma, Sr. Advocate with Mr.
                                              Atharv Sharma, Advocate.



            For the Respondents:              Mr. Vikrant Thakur, Advocate.




                                 (Through Video Conferencing)
           ____________________________________________________





           Jyotsna Rewal Dua, J.

The petitioner is serving as Senior Assistant in

Electrical Division, Himachal Pradesh State Electricity Board Ltd.,

Gagret, District Una. Vide order dated 22.06.2021, he has been

transferred and posted in Electrical Division Himachal Pradesh

State Electricity Board Ltd., Nalagarh. This transfer has been

assailed in the instant petition by the petitioner.

Whether Reporters of local newspaper are permitted to see the judgment ?

2. Learned counsel for the petitioner submitted that the

petitioner is due for superannuation on 31.12.2021. He further

submitted that the petitioner is suffering from "seizure disorder"

.

and is taking treatment at Zonal Hospital Una. Therefore, he may

be permitted to continue at the present place of posting till his

superannuation.

3. The factual position about the petitioner's impending

superannuation within five months has not been disputed by

learned counsel for the respondents.

Considering the petitioner's impending retirement on

31.12.2021, we quash and set aside the impugned transfer order

dated 22.06.2021. The petitioner is permitted to continue at the

present place of posting till his superannuation. Consequently,

the petition is disposed of. Pending miscellaneous applications

shall also stand disposed of.

( Ravi Malimath ) Acting Chief Justice

( Jyotsna Rewal Dua ) Judge 06th August, 2021 (rohit)