Nitish Kumar vs H.P. S.E.B
2021 Latest Caselaw 775 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 609 of 2021

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                                      Date of Decision: February 01, 2021





    Nitish Kumar                                                        ...Petitioner

                                      Versus





    H.P. S.E.B.                                                       ...Respondent
    Coram:

The Hon'ble Mr. Justice Anoop Chitkara, Vacation Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Surinder Prakash Sharma, Advocate. For the respondent : Mr. Lakshay Thakur, Advocate.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Anoop Chitkara, Vacation Judge(oral)

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.

Whether reporters of Local Papers may be allowed to see the judgment?

2. Notice. Mr. Lakshay Thakur, Advocate appears and

accepts service of notice on behalf of the respondent.

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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.

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(Anoop Chitkara), February 01, 2021 (ps) Vacation Judge.

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