Prem Singh vs Hrtc And Ors
2023 Latest Caselaw 15773 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 7514 of 2023




                                                                       .
                                                   Decided on: 09.10.2023





     Prem Singh                                                    ....Petitioner.

                                           Versus





     HRTC and Ors.                                                 ...Respondents.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting? 1

     For the petitioner           :        Mr. G.R. Palsra, Advocate.

     For the respondents              :    Mr. Dheeraj K. Vashisth,
                                           Advocate, for respondent No.1.



     Satyen Vaidya, Judge (Oral)

Notice confined to respondent No. 1 only.

Mr. Dheeraj K. Vashisth, learned counsel, appears

and waives service of notice on behalf of respondent

No.1.

2. Petitioner has assailed his transfer order

dated 30.09.2023, Annexure P-3, whereby he has

1 Whether reporters of the local papers may be allowed to see the judgment?

been ordered to be transferred from Mandi to

Shimla.

.

2. Petitioner is working as Conductor. His

grievance is that he is due to retire on 30.04.2025

and is left with less than two years for retirement. It

is submitted that under Clause 5.5 of the

'Comprehensive Guiding Principles-2013'- for

regulating the transfer of the State Government

Employees, petitioner is entitled to be posted r in a

convenient place/station, subject to vacancy.

3. Learned counsel for the petitioner submits

that petitioner will be content in case respondent

No. 1 is directed to consider his case in terms of

Clause 5.5 of the 'Comprehensive Guiding Principles-

2013'- for regulating the transfer of the State

Government Employees, within time bound manner.

4. Accordingly, the petition is disposed of with

the direction to respondent No. 1 to consider the case

of the petitioner within one week from today keeping

in view the specific term Clause 5.5 of the

Comprehensive Guiding Principles, 2013, by passing

a speaking order. In the meanwhile, till the decision

is taken by respondent No. 2, the impugned transfer

.

order dated 30.09.3023, Annexure P-3, shall kept in

abeyance.

5. Pending miscellaneous application, if any,

shall also stand disposed of.

                                          (Satyen Vaidya)
    9th October, 2023                         Judge
         (sushma)