Authority: Himachal Pradesh High Court (Vacation Judge)
Order Date: 21 February 2025
Case Overview
- Petitioner: Sewak Ram, Senior Assistant, HPSEBL.
- Respondents: Executive Director (Personnel), HPSEBL and another respondent.
- Case Numbers: CWP No. 2516 of 2025; CMP No. 2525 of 2025.
- Nature of Dispute: Petition challenging the impugned order dated 6 February 2025 (Annexure P‑1) that transferred the petitioner from the Office of Chief Engineer (Gen.) HPSEBL, Sundernagar to the Office of F & A Wing, HPSEBL, Shimla.
- Allegations: Transfer made after only 1 year and 10 months of service, short of the normal three‑year tenure; petitioner singled out; order alleged to be unfair, unreasonable, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution.
- Board’s Defense: Transfer necessitated because petitioner was declared surplus; rationalisation of posts on administrative grounds and exigencies of service required the move.
- Court’s Observations: While transfers on rationalisation are generally non‑interferable, the Court may intervene if no transfer guidelines exist or if guidelines are applied in a discriminatory manner. The order retained incumbents with longer service while moving a junior employee, contrary to the intended purpose of rationalisation, which is to shift longer‑serving incumbents unless specific concessions apply. No such concession was identified.
- Interim Relief: The Court found a prima facie case for interim protection to balance rights and equities, and therefore stayed the operation of the impugned order concerning the petitioner.
Final Outcome
- The transfer order dated 6 February 2025 is stayed for the petitioner, Sewak Ram, pending further hearing.
- The matter is listed before the appropriate Bench on 18 March 2025.
- The stay remains effective until that date.
Topics: Employment Transfer, Administrative Rationalisation