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2011 DIGILAW 182 (HP)

Suresh Kumar v. H. P. Power Transmission Corporation Limited

2011-01-05

V.K.SHARMA

body2011
JUDGMENT V.K.Sharma, J. The petitioner, an Assistant Engineer, is a whole time employee of HPSEB Ltd. Presently he is serving as Assistant Engineer on secondment basis with respondent No.1-Corporation. Vide office order dated 20.11.2010, Annexure P-5 he has been e transferred from Hamirpur to Rohroo. He is aggrieved by the impugned order of transfer on the ground of short stay of less than five months. 2. Against the above back drop, the petition has been filed on the following prayers: “(i) That writ in the nature of certiorari may kindly be issued, quashing the impugned Office Order dated 20.11.2010 at Annexure P-5 whereby the petitioner has been ordered to be transferred from Hamirpur to Rohru. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to allow the petitioner to continue working at the present station of posting at HPPTCL Transmission & Whether reporters of the local papers may be allowed to see the judgment? Design Unit at Hamirpur, till the completion of his normal tenure.” 3. Respondents are yet to file reply. However, in view of agreement between the parties the petition is taken up for final disposal. 4. In view of the facts and circumstances of the case, the petition is disposed of with a direction that subject to the petitioner making a representation along with copy of this judgment to respondent No.1 within a fortnight from today, the said respondent shall consider the same and take a final decision in the matter in accordance with law and justice within next fortnight by taking into consideration the above contention of short stay raised on behalf of the petitioner and also by exploring the possibility of adjusting him suitably at an alternative place of posting, if feasible, after affording an opportunity of being heard to him. Interim orders dated 3.12.2010 and 23.12.2010 to continue till then. 5. The petition stands disposed of, so also pending CMP (s), if any.