Decided On: 25.11.2024 vs The Executive Director
2024 Latest Caselaw 17999 HP

Himachal Pradesh High Court

Decided On: 25.11.2024 vs The Executive Director on 25 November, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                   2024:HHC:12308

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CWP No.    13489 of 2024
                                                 Decided on: 25.11.2024
Jiwan Ram                                               ... Petitioner
                  Versus
The Executive Director, HPSEBL & another                       ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1yes
____________________________________________________            _
For the petitioner      :     Mr. Kul Bhushan Khajuria, Advocate.
For the respondents             :        M/s Piyush Rathore & Vikas Sagar
                                         Advocates.
Ajay Mohan Goel, Judge (Oral)

Notice. Mr. Piyush Rathore, learned counsel, accepts

notice on behalf of the respondents.

2. Taking into consideration the issues raised in this Writ

Petition, the same is being disposed of at this stage itself.

3. The petitioner is aggrieved by his transfer order vide

Annexure P-1, dated 18.11.2024, from Electrical Division,

Dharampur, District Mandi, H.P., to Electrical Division,

Sundernagar, District Mandi, H.P. He is serving as an AFM-cum-

Driver at Electrical Division, Dharampur,

4. Learned counsel for the petitioner has submitted that as

the petitioner is to superannuate in the month of February, 2025,

the transfer of the petitioner at the fag end of his service career is

bad, for the reason that this is not a station of his choice.

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

2024:HHC:12308

5. Taking into consideration the fact that as it is not in

dispute that the petitioner is to superannuate from the service of the

respondent-Board in the month of February, 2025, this Court is of

the considered view that his transfer with just a couple of months of

service left is nothing, but a colourable exercise of power. The

endeavour of employer has to be to adjust the employee who has

served for hi vs entire life with the employer at a station of his or her

comfort when the employee is on the verge of superannuation, but if

this step motherly treatment is given by the employer at the fag end

of the service career of the employee, then but natural such an act

cannot be justified in the eyes of law.

6. Accordingly, this petition is allowed. Annexure P-1, dated

18.11.2024, qua the petitioner is quashed and set aside and the

respondents are directed to allow the petitioner to continue to serve

as an AFM-cum-Driver at Electrical Division, Dharampur, till his

superannuation.

7. The petition stands disposed of. Pending miscellaneous

application(s), if any also stand disposed of accordingly.

(Ajay Mohan Goel) Judge November 25, 2024 (Rishi)