Allowed

Pardeep Chadha v. State of Hp and Others

Himachal Pradesh HC6 Sept 2023CWP/3080/2023

Case brief

AI extract

What is this about?

Writ petition challenging a triangular transfer order affecting an Executive Engineer. Court allowed the petition, quashed the transfer regarding both the petitioner and the officer transferred to his place. Directed department to decide future posting for the other officer within 20 days and release his withheld salary. The petitioner is allowed to work at his previous location.

What did the court decide?

The impugned notification dated 17.5.2023 was quashed and set aside. Petitioner allowed to work at JSV Division Chauntra. Department directed to decide fresh posting for respondent No.2 within 20 days

Pardeep Chadha Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.3080 of 2023

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Decided on: 6^th September, 2023

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_________________________________________________________________ Pradeep Chadha ....Petitioner Versus State of H.P. & anr. …Respondents _________________________________________________________________

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Coram

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Rupinder Singh Thakur & Mr. Varun Chandel, Additional Advocates General and Mr. Rajat Chauhan, Law Officer for respondent No.1. Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Ashwani Chawla, Advocate, for respondent No.2.

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Jyotsna Rewal Dua, Judge

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Challenge in this petition is to the notification dated 17.5.2023 (Annexure P-8), whereby respondent No.2, who was serving as Executive Engineer in Jal Shakti Division

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Hamirpur, District Hamirpur was brought to the petitioner’s

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1 Whether reporters of Local Papers may be allowed to see the judgment? yes

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place of posting at Jal Shakti Vibhag (JSV) Division Chauntra, District Mandi. One Shri Rajeev Sehgal (not a party to the petition) was brought to the place of posting of respondent No.2, i.e., Jal Shakti Division, Hamirpur. No further posting was assigned to the petitioner under the impugned order. Aggrieved against this notification dated 17.5.2023 (Annexure P-8), the petitioner has preferred this writ petition.

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2. Brief reference to relevant facts is as under:-

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2(i) On placement as Executive Engineer, the

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petitioner was posted at I&PH Division, Indora vide notification dated 03.06.2019 (Annexure P-1).

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2(ii) On 6.5.2021 (Annexure P-2), petitioner was transferred from Jal Shakti Division, Indora to Jal Shakti Vibhag (JSV) Circle, Dharampur, District Mandi as EE (Design). The petitioner remained under transfer. On 20.5.2021 (Annexure P-3), he was further transferred to the office of Engineer-in-Chief (JSV), Head Quarter, Shimla. 2(iii) On 01.06.2021 (Annexure P-4), the petitioner was transferred from the office of ENC, Jal Shakti Vibhag, Shimla to Jal Shakti Division, Karsog, District Mandi.

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2(iv) Vide notification dated 19.4.2022 (Annexure P-5),

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the petitioner was once again transferred from JSV Division, Karsog, District Mandi to JSV Division, Chauntra, District Mandi. About two months later, another notification was issued on 29.6.2022 (Annexure P-6), whereby he was transferred from JSV Division Chauntra, District Mandi to SNP Division, Sansarpur Terrace, District Kangra.

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At this stage, feeling aggrieved against his transfer from JSV Division, Chauntra, District Mandi to SNP Division, Sansarpur Terrace, District Kangra, the petitioner preferred CWP No.4350 of 2022.

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The respondents placed on record of that writ petition the instructions dated 5.7.2022. The instructions reflected that petitioner had been transferred from Chauntra merely on the basis of U.O note. On that basis, the said writ petition was allowed on 6.7.2022 (Annexure P-7). Accordingly, the impugned transfer order dated 29.6.2022 transferring the petitioner from JSV Division, Chauntra to SNP Division, Sansarpur Terrace, District Kangra was quashed and set aside. The petitioner remained at Chauntra, where he was originally posted on 19.4.2022.

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3. The petition -

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3(i) The genesis of this writ petition lies in the

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notification dated 17.5.2023 (Annexure P-8). This notification effects a triangular transfer, i.e, one Shri Rajeev Sehgal has

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been brought to the place of posting of respondent No.2-Shri Sanjay Thakur at Jal Shakti Division, Hamirpur; respondent No.2 has been transferred to the place of posting of petitioner, i.e., JSV Division, Chauntra, District Mandi whereas no further posting order has been assigned for the petitioner.

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3(ii). On 25.3.2023, it was directed to maintain status

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quo as on date with respect to implementation of impugned notification dated 17.5.2023 (Annexure P-8) qua the petitioner and respondent No.2.

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3(iii). Learned senior counsel for respondent No.2 stated that respondent No.2 had already joined by that time at JSV Division, Chauntra and this fact was purposely concealed by the petitioner. Learned counsel further submitted that respondent No.2 had only put in about six months at JSD, Hamirpur before he was transferred under the impugned order from JSD Hamirpur to JSV Division Chauntra. Prayer was also made to direct the respondents for releasing his

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withheld salary for the period subsequent to his transfer to Chauntra.

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According to learned counsel for the petitioner,

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the petitioner had not been relieved in accordance with law from Chauntra and further that pursuant to the interim order dated 23.5.2023, petitioner has continued to serve at JSV Division, Chauntra. He further submitted that no further place of posting was assigned to the petitioner by respondent No.1.

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3(iv). Learned Law Officer appearing for respondent No.1 has produced the record. Learned Law Officer on the basis of record submitted that the petitioner’s transfer to I&PH Division, Indora vide notification dated 3.6.2019 was on the basis of administrative proposal; his subsequent transfer to Jal Shakti Circle Dharampur, District Mandi was also on the basis of administrative proposal; however, petitioner’s transfer from Jal Shakti Circle, Dharampur to the office of ENC, Jal Shakti Vibhag, Shimla was made on the basis of U.O of the Minister, Jal Shakti Vibhag. It was further submitted that petitioner’s subsequent transfers from the office of ENC, Shimla to JSV Division, Karsog and thereafter

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from JSV Division Karsog to JSV Division Chauntra were purely on the basis of administrative proposals.

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Learned senior counsel for respondent No.2 disputes this matter. Be that as it may. Learned Law Officer on the basis of record further submitted that the impugned transfer order of the petitioner from JSV Division Chauntra to Sansarpur Terrace, was issued on the basis of U.O note of Minister of Jal Shakti Vibhag at the instance of Shri Rajeev Sehgal.

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4. I have heard learned counsel for the parties, gone through the case file, the record and also perused the instructions sheet placed on record by the learned Law Officer.

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Both, the petitioner as well as respondent No.2, are serving as Executive Engineers. They belong to Class-I cadre. No doubt, condition of minimum tenure of 3 to 5 years is not ipso-facto applicable to the holders of Class-I post, however, every case has to be examined on its own facts. In the instant case, petitioner has been subjected to frequent transfers in recent past. But for petitioner’s one transfer to the office of ENC, Shimla, where he served for

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about a month, all other transfers of the petitioner were ordered by the Department on its own. He was transferred to JSV Division, Chauntra on 19.4.2022 and in just about two months, he was again transferred vide notification dated 29.6.2022 from JSV Division Chauntra to SNP Division, Sansarpur Terrace (Kangra). The writ petition filed by him against this transfer was allowed on 6.7.2022 on the ground that the order was issued merely on the basis of a U.O note. Ten months later, the petitioner was once again transferred under impugned order to make way for respondent No.2’s posting at his (petitioner’s) place without even indicating petitioner’s next place of posting.

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In the given facts and circumstances of the case,

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as they emerge from the record, it is a fit case, where notwithstanding the fact that petitioner and respondent No.2 belong to Class-I cadre, the transfer order deserves to be interfered with. This writ petition is accordingly allowed. The impugned notification dated 17.5.2023 (Annexure P-8) is quashed and set aside qua the petitioner and respondent No.2. The petitioner shall be allowed to work at JSV Division Chauntra (Mandi) pursuant to notification dated 19.4.2022

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(Annexure P-5). Considering the fact that respondent No.2 had served at JSV Division Hamirpur only for a period of about six months prior to his transfer at petitioner’s place of posting at the instance of Shri Rajeev Sehgal (not a party to the case), who had obtained a U.O note for being adjusted at the place of respondent No.2, respondent No.1 is directed to take a fresh call in their matter within a period of twenty days from today. Respondent No.1 is also directed to release the salary of respondent No.2 for the period in question within three weeks.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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September 6, 2023 mamta

Pardeep Chadha v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Pardeep Chadha v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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