Punjab-Haryana High Court
Rajinder Kumar And Others vs Uttar Haryana Bijli Vitran Nigam And ... on 17 January, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 9554 of 2010
Date of decision: 17.01.2011
Rajinder Kumar and others ...Petitioners
Versus
Uttar Haryana Bijli Vitran Nigam and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH
Present: Mr. B.S. Walia, Advocate
for the petitioners.
Mr. Parveen Gupta, Advocate for
Mr. Narender Hooda, Advocate
for the respondents.
****
RANJIT SINGH J.
The petitioners seek writ of mandamus commanding the respondents to permit inter-utility transfer from Uttar Haryana Bijli Vitran Nigam to Dakshin Haryana Bijli Vitran Nigam. As per the petitioners, such transfers have been allowed in large number of cases as can be evidenced from Annexures P-2 to P-7.
Replies on behalf of the respondents/Boards have been filed. Counsel for the respondents has made an attempt to justify their action in not considering such a request as it will lead to large scale disturbance.
Counsel for the petitioners instead would refer to Annexure P-10, which was issued on 25.08.2010. It has been observed in this case that number of representations have been received from different categories of employees as well as the recommendations from public representatives, MPs/MLAs for inter- Civil Writ Petition No. 9554 of 2010 -2- utility transfers and adjustments of Linemen/ALMs/SSA/SAs etc. on mutual basis. Taking this into account, the department itself has taken a decision to give a chance for such adjustments to those employees for changing their utility. It is mentioned that the applications for this effect may be called from the concerned officials by giving a time schedule of one month. Thereafter, the case for adjustment of the employees from one to other utility and vice-versa on the basis of mutual consent and similarly placed services concept be put up, so that the department could adjust maximum number of such officials near to their native places of residence. It is not clear whether such applications have been invited within a period of one month or not.
Since the Department itself has taken a decision to consider this issue by inviting applications to adjust employees by inter-utility transfer either on the basis of mutual consent or otherwise, it would be fair to give liberty to the petitioners to move an application in this regard within a period of 2 weeks from today. The petitioners' request would be considered in the light of Annexure P- 10 and also in the light of orders as noticed from Annexures P-2 to P-
7. The request of the petitioners for inter-utility service transfer shall be considered fairly and in accordance with the policy. Let this exercise be completed within a period of six months from the date of receipt of application.
Disposed of accordingly.
January 17, 2010 (RANJIT SINGH ) rts JUDGE