IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3424 of 2010. Date of decision: 25.11.2010 Moti Ram …. Petitioner Versus HPSEB ….. Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Ms.Reena, Advocate vice Mr.Sanjeev Bhushan, Advocate. For the respondent: Ms.Anjula Khajuria, Advocate. _____________________________________________________ Deepak Gupta, J.(Oral) By means of this petition, the petitioner has challenged the order dated 4.6.2010 whereby he has been transferred from Electrical Sub Division, Seri under Electrical Division, HPSEB, Karsog to Electrical Division, HPSEB, Bilaspur against a vacant post. The main grievance of the petitioner is that he is only an Assistant Lineman and is borne on the divisional cadre and cannot be posted out of his cadre. Ms.Reena, Advocate appearing vice Mr.Sanjeev Bhushan, learned counsel for the petitioner has placed reliance on the judgment of a Division Bench of this Court delivered in Shri 2 Santokh Singh Vs. HPSEB & anr., Latest HLJ 2008 (HP) 82 wherein in similar circumstances, this Court made reference to the orders issued by the Board itself in which as a matter of public policy, it had been decided that normally such officials would not be transferred outside the cadre. After considering the entire law on the aspect, this Court held as follows:- “A perusal of the law laid down by the Apex Court clearly shows that the Court can interfere where it finds that the transfer is malafide or is against the statutory provision. In the present case we have already noted the office memorandum issued by the Board itself which clearly indicates that the employees cannot be transferred to another Division/Circle. Despite this notification we are not taking the view that the hands of the employers are totally tied and it cannot under any circumstances transfer an employee from one circle to another. However, the employer must show what are the administrative exigencies which have weighed with it to exercise this power. Once the Board had decided that the employees should not be transferred outside the circle/Division the decision to do otherwise would be an exception to the Rule and there must be justifiable reasons for taking recourse to this exception. As already noted by us even the Government of India in its decision has clearly held that transfers of low paid employees to distant place should be avoided and the legitimate claims and expectations of individual employees should not be ignored. True it may be, that the pay and seniority of the petitioner has been protected in the present case, but one cannot loose sight of the fact that the 3 petitioner has been posted from Gagret in Una to a very remote region of Kaza. The Board has failed to place before us any material to show what are the total number of posts in Kaza and Keylong circles. The Board has also not placed any material to show what are the number of vacancies in the said circles. It was the duty of the Board to have placed before this Court material to show that in case no person was transferred to Kaza work will suffer. There is also no material to show that the Board carried out any exercise to determine in which Circles there are surplus employees available and in which circle there is shortage of persons. Without carrying out such an exercise the Board cannot in view of its own notification dated 19.1.1976 transfer an employee outside the cadre. “ It is obvious that the low paid employees of the Board who are borne on the Divisional/circle cadre are normally not expected to be transferred outside the Division/Circle except on account of exceptional administrative exigencies. I had called for the records of this case and the record reveals that as against the sanctioned strength of 57 in Electrical Division, Karsog, there are 54 persons working and there are three vacancies whereas in the Electrical Division, Bilaspur, the sanctioned strength is 75 and 73 persons are working and there are only two vacancies. Thus, the situation in both the Electrical Divisions are virtually identical and I find no reason 4 why a person should be posted out of Karsog to Bilapsur. I have gone through the entire record and I find that there is nothing recorded on the files to show that this order has been passed on account of some urgent need in the Bilaspur. In view of the above discussion, the writ petition is allowed and the transfer order of the petitioner is cancelled. It is however, made clear that he can be posted at any station within Karsog Division. No costs. November 25, 2010 (Deepak Gupta) (m) Judge