Salig Ram v. Himachal Pradesh State Electricity Board Limited
2012-09-26
DEEPAK GUPTA, RAJIV SHARMA
body2012
DigiLaw.ai
JUDGMENT Per Rajiv Sharma, J. Petitioner was transferred from Hamirpur to Bilaspur on 15.10.2008. He has now been transferred from Bilaspur to Sundernagar vide office order dated 19.5.2012. The date of superannuation of the petitioner is 31.3.2013. Petitioner has already worked at Sunderngar, Kangra, Hamirpur and was posted at Bilaspur vide office order dated 15.10.2008. He has completed his normal tenure. However, the fact of the matter is that the petitioner has only left six months to retire. According to the guidelines framed by the respondent-Board, the person who has to retire from service within a period of two years as far as possible is to be accommodated at the station of his choice. The purpose of giving station of choice to an employee at the fag end of service career is to mitigate the hardship. This aspect has been over looked by the respondent-Board while transferring the petitioner from Bilaspur to Sundernagar. 2. Respondent No.4 was served. He was present in the Court on 8.8.2012 and has made a statement that he would like to adopt the reply filed by the respondent-Board. 3. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. However, the fact of the matter is that the petitioner has to retire within a period of six months and in these circumstances, the transfer order dated 19.5.2005 is liable to be interfered. 4. Consequently, the petition is allowed. Annexure P-1 dated 19.5.2012 is quashed and set aside. Respondent-Board is directed to permit the petitioner to discharge his duties in M&T Division, Sundernagar at Bilaspur till his retirement. Pending application(s), if any, also stands disposed of. No costs.